4/29/2020
E-Library - Information At Your Fingertips: Printer Friendly
who treated petitioner.
Aggrieved, respondents appealed to the National Labor Relations Commission (NLRC).
On April 15, 2004, the NLRC, Third Division, rendered a Decision[12] affirming with
modification the decision of the LA. The tribunal concurred with the findings of the LA
that petitioner was entitled to disability benefits. It, however, deleted the grant of
sickness allowance, considering that petitioner had already received the same. The
dispositive portion of the Decision states:
WHEREFORE, premises considered, the Decision of February 24, 2002 is
hereby MODIFIED by deleting the award of US$4,516.00 for sick wages, the
other awards are AFFIRMED.
SO ORDERED.[13]
Respondents filed a Motion for Reconsideration,[14] but it was denied in the
Resolution[15] dated May 31, 2004.
Respondents then sought recourse before the CA alleging grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of the NLRC in ruling in favor of
the petitioner,[16] which case was docketed as CA-G.R. SP No. 84811.
On April 27, 2005, the CA rendered a Decision[17] granting the petition. The CA set
aside the decision and resolution of the NLRC and dismissed petitioner’s complaint, the
decretal portion of which reads:
WHEREFORE, premises considered, we hereby GRANT the petition and
accordingly: SET ASIDE the assailed Decision and Resolution of the
respondent National Labor Relations Commission for being null and void;
and DISMISS the private respondent’s COMPLAINT for lack of merit.
SO ORDERED.[18]
In ruling in favor of the respondents, the CA opined that petitioner is covered by the
1996 POEA Standard Employment Contract (POEA-SEC) and under Section 20 of the
said POEA-SEC, the disability of a seafarer can only be assessed by the companydesignated physician and not by the seafarer’s own doctor.
Hence, the petition assigning the lone error:
THE HONORABLE COURT OF APPEALS COMMITTED GRAVE ERROR IN
REVERSING AND SETTING ASIDE THE DECISIONS OF BOTH THE LABOR
ARBITER A QUO AND THE NATIONAL LABOR RELATIONS COMMISSION
FINDING PETITIONER ALREADY UNFIT TO WORK AS A RESULT OF THE
INJURY HE SUSTAINED DURING THE ACCIDENT ON BOARD THE
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55611
3/11