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Accordingly, the CA took note of the fact that Zafra had not been able to work for more
than 240 days from his repatriation by reason of his injuries without the petitioners
issuing any certificate attesting to his fitness to work or any declaration of permanent
disability. It considered the assessment valueless because no declaration of fitness to
work or any degree of Zafra's permanent disability was made.
The petitioners moved for reconsideration, but their motion was denied in the CA
resolution, dated December 7, 2012.
Hence, this petition.
GROUNDS FOR ALLOWANCE OF THE PETITION
I
THE HONORABLE COURT OF APPEALS COMMITTED SERIOUS ERRORS
OF LAW WHEN IT DISMISSED THE PETITIONER'S CERTIORARI, IN
THAT:
THE COURT OF APPEALS FAILED TO APPLY THE
PROVISIONS OF THE POEA-SEC AND THE RECENT
SUPREME COURT DECISIONS WHEN IT AFFIRMED THE
NLRC'S AWARD OF PERMANENT DISABILITY BENEFITS TO
THE PRIVATE RESPONDENT DESPITE THE LATTER'S
PARTIAL DISABILITY ASSESSMENT OF 20% OF GRADE 10
ON THE SOLE BASIS OF THE PRIVATE RESPONDENT'S
ALLEGATION THAT INCAPACITY FOR MORE THAN 120
DAYS
HAS
AUTOMATICALLY
RENDERED
HIM
PERMANENTLY UNFIT FOR SEA DUTIES.
THE COURT OF APPEALS FAILED TO CONSIDER THAT THE
PRIVATE RESPONDENT HAS NOT PRESENTED ANY
MEDICAL EVIDENCE WHICH WOULD SHOW THAT HE IS
INDEED
SUFFERING
A
PERMANENT
AND
TOTAL
DISABILITY WHICH WOULD ENTITLE HIM TO US$60,000.
II
THE COURT OF APPEALS GRAVELY ERRED IN AWARDING THE
PRIVATE RESPONDENT ATTORNEY'S FEES.[19]
Petitioners are of the position that the CA erred in affirming the NLRC decision for the
following reasons:
1. The CA should not have based the disability compensation on the basis of
the number of days a seafarer failed to resume work but on the gradings
mentioned in the Schedule of Disability Allowances. The Labor Code
provision on disability is not applicable as it is the POEA-SEC that governs
the relationship of the parties in this case. Under the POEA-SEC, the injury
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