8/26/2020 E-Library - Information At Your Fingertips: Printer Friendly On appeal, the National Labor Relations Commission, in its June 14, 2013 Decision,[32] modified the Labor Arbiter's Decision. It vacated and set aside the US$5,000.00 award, but ordered Crossworld to pay Toquero sickness allowance and attorney's fees equivalent to 10% of the judgment award.[33] The dispositive portion of its Decision read: WHEREFORE, all of the foregoing premises considered, judgment is hereby rendered finding partial merit in the instant appeal; the appealed Decision is hereby MODIFIED in that Respondents are hereby ordered to pay Complainant sickness allowance, and attorney's fees equivalent to ten percent (10%) of the judgment award. The award of US$ 5,000.00 is hereby VACATED or SET-ASIDE. So Ordered.[34] The National Labor Relations Commission found that Toquero's injury was work-related because the master of vessel directed Toquero and Fong to work together despite knowing their previous altercation. Despite this, it ruled that Toquero's injury was not compensable because it resulted from a criminal assault, which was not an accident. It also did not give weight to the findings of Toquero's chosen physicians as they were not supported by medical examinations.[35] Toquero filed a Motion for Partial Reconsideration, but this was denied. Thus, he filed before the Court of Appeals a Petition for Certiorari.[36] In its April 16, 2014 Decision,[37] the Court of Appeals dismissed the Petition. It upheld the findings of the company-designated physician who regularly monitored and treated Toquero.[38] Akin to the National Labor Relations Commission, it found that while the injury suffered by Toquero was work-related, it cannot be classified as an accident because it resulted from his co-worker's criminal assault.[39] It ruled that Toquero should have expected the attack because of his previous quarrel with Fong.[40] Nevertheless, the Court of Appeals reinstated the award of US$5,000.00 in the interest of justice and equity and for humanitarian considerations.[41] The dispositive portion of its Decision read: WHEREFORE, the instant Petition is hereby DENIED. The assailed June 14, 2013 Decision and July 31, 2013 Resolution of the National Labor Relations Commission (Second Division) in NLRC LAC No. 04-000343-13 (NLRC-OFW Case No. 06-09574-12) are AFFIRMED with the only MODIFICATION that We award the sum of US$5,000.00 in favor of Toquero for his further medical treatment. We, however, affirm in all other aspects. SO ORDERED.[42] (Emphasis in the original) https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65333 5/22