5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly issue best left to the labor tribunals which are deemed to have mastery over the subject matter. As found by both the NLRC and the Labor Arbiter, Sunga’s injury was the result of the accidental slippage in the handling of the 200-kilogram globe valve which triggered Sunga’s back pain;[18] the weight of the globe valve, coupled with the abruptness of the fall, explain why the injury was so severe as to render Sunga immobile.[19] While indeed Sunga had not explained in the request for repatriation the proximate cause of the injury, there was enough circumstantial evidence to substantiate the claim. We have held that circumstantial evidence is founded on experience, observed facts and coincidences establishing a connection between the known and proven facts and the facts sought to be proved.[20] At any rate, this issue had already been resolved in the proceedings before the labor tribunals. Virjen failed to deny the facts as narrated by Sunga in his pleadings.[21] The CA, too, was conclusive in its ruling regarding the incident and merely discussed what matters shall constitute as an accident.[22] Findings of fact of the Court of Appeals, particularly where it is in absolute agreement with that of the NLRC and the Labor Arbiter, are accorded not only respect but even finality and are deemed binding upon this Court so long as they are supported by substantial evidence.[23] Thus, the basic issue left for us to resolve is the determination of whether the CA found grave abuse of discretion whose correction called for the consideration of the incident at the MT Sunway vessel as an accident. As defined in Black's Law Dictionary,[24] "accident," is "[a]n unintended and unforeseen injurious occurrence; something that does not occur in the usual course of events or that could not be reasonably anticipated, x x x [a]n unforeseen and injurious occurrence not attributable to mistake, negligence, neglect or misconduct." Similarly, the Philippine Law Dictionary[25] defines the word “accident" as "[t]hat which happens by chance or fortuitously, without intention and design, and which is unexpected, unusual and unforeseen.” In deciding this case, we are not unaware of the doctrine discussed in the case of NFD International Manning Agents, Inc. v. Illescas,[26] where the employee, Esmeraldo Illescas (Illescas), also a seafarer, was ordered to carry 25 fire hydrant caps from the deck to the engine workshop, then back to the deck to refit the caps. While carrying a heavy basketful of fire hydrant caps, Illescas felt a sudden snap on his back, with pain that radiated down to the left side of his hips. He immediately informed the ship captain about his condition, and was advised to take pain relievers. As the pain was initially tolerable, he continued with his work. After a few days, the pain became severe, and Illescas suffered difficulty in walking. Illescas also claimed for the more favorable disability benefits stated in the CBA, as opposed to the benefits being offered by the POEA Standard Employment Contract for Seafarers. But the Court denied his claim, ruling that the snap on the back of Illescas was not an accident but an injury sustained from carrying the heavy basketful of fire elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56877 5/9

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