5/19/2021
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1. DECLARING Teodoro C. Razonable, Jr. to be unfit to work and totally and
permanently disabled;
2. ORDERING [respondents] to pay Teodoro C. Razonable, Jr. his disability
benefits of US$60,000.00 as provided in POEA-SEC; [and]
3. ORDERING [respondents] to pay Teodoro C. Razonable, Jr. 10%
attorney's fees computed based on the total award.
The payment of the above monetary award shall be at their peso equivalent
at the time of actual payment.
All other claims are dismissed for lack of merit.
SO ORDERED.[13]
One of the panel members, Accredited Voluntary Arbitrator Gregorio B. Sialsa, penned
a Dissenting Opinion[14] on the case.
With the same vote from the panel, the Decision was fortified in a Resolution[15] dated
March 7, 2017, which denied respondents' motion for reconsideration.
On appeal, however, the CA reversed the RCMB, ruling that petitioner failed to provide
an ounce of proof that his diseases were brought about or aggravated by his work as
Chief Engineer on board respondents' vessel, thus:
WHEREFORE, premises considered, the instant petition is hereby GRANTED.
Accordingly, the assailed Decision and Resolution of the Regional Conciliation
and Mediation Board dated November 24, 2016 and March 7, 2017,
respectively, are NULLIFIED and SET ASIDE.
SO ORDERED.[16]
In a Resolution[17] dated August 20, 2018, the CA denied petitioner's motion for
reconsideration.
Petitioner now imputes error upon the appellate court in ruling that he failed to prove
his claims that his condition is work-related; that he contracted the same during his
employment with respondents; and that he requested to be subjected to a postemployment medical examination with respondents' company-designated doctor to no
avail. Petitioner argues that, in any case, mere probability, not ultimate degree of
certainty, is sufficient to prove that his cardiovascular and renal illnesses are workhttps://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66454
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