8/20/2020 E-Library - Information At Your Fingertips: Printer Friendly a Rule 65 review, not a review on appeal, of the NLRC decision challenged before it. This is the approach that should be basic in a Rule 45 review of a CA ruling in a labor case. In question form, the question to ask is: Did the CA correctly determine whether the NLRC committed grave abuse of discretion in ruling on the case?[55] A court or tribunal is said to have acted with grave abuse of discretion when it capriciously acts or whimsically exercises judgment. The abuse of discretion must be so flagrant that it amounts to a virtual refusal to perform a duty as provided by law. "Mere abuse of discretion is not enough."[56] A review of the records convinces this Court that the findings of the National Labor Relations Commission were amply supported by substantial evidence. To grant a seafarer's claim for disability benefits, the following requisites must be present: (1) [H]e suffered an illness; (2) he suffered this illness during the term of his employment contract; (3) he complied with the procedures prescribed under Section 20-B; (4) his illness is one of the enumerated occupational disease[s] or that his illness or injury is otherwise work-related; and (5) he complied with the four conditions enumerated under Section 32-A for an occupational disease or a disputably-presumed work-related disease to be compensable.[57] It is not disputed that petitioner was initially diagnosed with heart disease, anemia, renal dysfunction, and that he fell ill while he was aboard the Tsavrilis Hellas.[58] This resulted in his medical repatriation and arrival m Manila on February 9, 2012.[59] Likewise, petitioner submitted himself to a post-employment medical examination conducted by a company-designated physician. On February 14, 2012, Dr. Quetulio, the company-designated physician, directed admitting petitioner to a hospital to undergo blood transfusion and further tests to rule out coronary artery disease or cardiomyopathy.[60] On March 19, 2012, after petitioner underwent more laboratory tests, procedures, and consulted with a cardiologist, Dr. Quetulio informed respondent Global Gateway that petitioner had to undergo open-heart surgery, which costs around P1,000,000.00 to P1,200,000.00.[61] Dr. Quetulio awaited several months[62] for respondent Global Gateway's permission to push through with petitioner's needed open-heart surgery. On June 18, 2012, Dr. Quetulio diagnosed petitioner with "Congestive Heart Failure; Hypertensive Cardiovascular Disease; Valvular Heart Disease; Anemia Secondary to Upper GI Bleeding Secondary to Bleeding Peptic Ulcer Disease."[63] Her diagnosis was consistent with the findings of Dr. Donato Tan, petitioner's private physician, who confirmed that petitioner had a heart ailment.[64] The Philippine Overseas Employment Administration Standard Employment Contract elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64956 6/16