8/20/2020
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In its January 31, 2013 Decision,[32] the National Labor Relations Commission
dismissed the Appeal and affirmed Labor Arbiter Savari 's Decision.
The National Labor Relations Commission upheld Labor Arbiter Savari's ruling that
Paringit was entitled to permanent total disability benefits, his illness being workrelated and acquired during the term of his employment contract.[33]
The dispositive portion of the National Labor Relations Commission Decision read:
WHEREFORE,
premises
considered,
respondent's
appeal
is
hereby
DISMISSED for lack of merit. The assailed Decision is AFFIRMED.[34]
Global Gateway and Captain Flores moved for reconsideration,[35] but their Motion was
denied[36] on March 27, 2013.
They then filed a Petition for Certiorari[37] before the Court of Appeals.
On September 11, 2014, the Court of Appeals[38] granted their Petition.
The Court of Appeals faulted Paringit for choosing an alternative treatment, then
demanding permanent and total disability benefits based on his doctor's assessment on
his unfitness for sea duty, rather than consulting a third physician as required by law.
[39]
Further, the Court of Appeals noted that Paringit filed his Complaint 124 days after his
medical repatriation, which was still well within the 240-day medical treatment period
granted to his employer. Thus, the Complaint was premature since he had no cause of
action for his claim of total and permanent disability benefits.[40]
The dispositive portion of the Court of Appeals Decision read:
WHEREFORE, premises considered, the instant Petition for Certiorari is
GRANTED. Accordingly, the January 31, 2013 Decision and March 27, 2013
Resolution of the National Labor Relations Commission, which affirmed the
Labor Arbiter's October 4, 2012 Decision, are REVERSED and SET ASIDE.
The complaint filed by Oscar Paringit is hereby DISMISSED.
SO ORDERED.[41] (Emphasis in the original)
Paringit moved for reconsideration,[42] but the Court of Appeals denied[43] his Motion
on February 24, 2015.
In his Petition for Review on Certiorari,[44] petitioner Paringit assails the Court of
Appeals' reversal of the labor tribunals' uniform factual findings that he was entitled to
disability benefits due to his permanent and total disability.[45]
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