6/7/2020
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The NLRC Ruling
In its 6 March 2007 resolution, the NLRC affirmed the decision of the LA. It observed
that while Dedace's illness was disputably presumed to be work-related under Section
20(B), paragraph 4 of the POEA-SEC, such disputable presumption was overcome when
Dr. Cruz declared said illness was not work-related. The NLRC further stated that PhilMan's payment of Dedace's sickness allowance and medical expenses did not amount to
recognition that his illness was work-related. The decretal portion of the resolution
reads:
WHEREFORE, premises considered complainant's appeal is hereby
dismissed for lack of merit and the Decision appealed from [is] AFFIRMED
in toto.[16]
Dedace moved for reconsideration, but the same was denied by the NLRC in its 22
October 2007 resolution.
Aggrieved, Dedace filed a petition for certiorari before the CA.
The CA Ruling
In its assailed decision, the CA granted Dedace's petition. The CA opined that the
petitioners failed to overcome the disputable presumption that Dedace's illness was
work-related. It held that Dr. Cruz neither explained nor specified how he arrived at his
conclusion that Dedace's illness was not work-related. Thus, it held that the NLRC
gravely abused its discretion when it grossly misapprehended the facts of the case. The
fallo states:
IN VIEW OF THE FOREGOING, the petition is GRANTED. The challenged
Resolutions of respondent NLRC are NULLIFIED in so far as they denied
petitioner's prayer for permanent disability benefits.
Accordingly, private respondents are held jointly and severally liable to pay
petitioner: a) permanent total disability benefits of US$60,000.00 at its peso
equivalent at the time of actual payment; b) sickness allowance equivalent
to thirty (30) days or one (1) month amounting to Four Hundred Sixty Five
U.S. Dollars (U.S.$465.00); and c) attorney's fees often percent (10%) of
the total monetary award at its peso equivalent at the time of actual
payment.[17]
The petitioners moved for reconsideration, but the same was denied by the CA in its 24
October 2011 resolution.
Hence, this petition for review alleging the following:
ISSUES
I.
WHETHER OR NOT THE COURT OF APPEALS COMMITTED PATENT AND
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