5/28/2020
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merely an anatomical defect but a bodily harm brought upon by the performance of his
duties and functions as fitter of the vessel. The result of the MRI revealing that Sunga
had herniated disc is already a manifestation that the injury resulted from an accident,
commonly incurred through falling or by lifting heavy objects. The pertinent portion of
the Labor Arbiter’s decision states:
WHEREFORE, premises considered, judgment is hereby rendered ordering
respondents to jointly and severally liable:
1) To pay complaint the amount of US$ 110,000.00, or its
Philippine peso equivalent prevailing at the exchange rate at the
time of payment, representing his disability benefits under the
IBF-JUS-IMMF-AMOSUP Collective Bargaining Agreement;
2) To pay complainant an amount equivalent to ten (10%)
percent of the total judgment award, as and for attorney’s fees.
SO ORDERED.[11]
Virjen filed its appeal with the NLRC. In a Decision[12] dated December 21, 2009, the
NLRC affirmed the findings of the Labor Arbiter. The NLRC however reduced the awards
of disability benefits and attorney’s fees to US$ 105,000.00 and US$ 10,500.00,
respectively. Virjen filed a motion for reconsideration, which the NLRC denied in its
Resolution[13] of February 26, 2010
Ruling of the CA
Virjen filed a petition for certiorari with the CA, attributing grave abuse of discretion on
the part of the NLRC. On February 25, 2009, the CA granted the petition. The CA
reasoned that accident is an unintended and unforeseen injurious occurrence,
something that does not occur in the usual course of events or could not be reasonably
anticipated. According to the appellate court, the injury was not accidental; it is
common knowledge that carrying heavy objects can cause injury and that lifting and
carrying heavy objects are part of his duties as fitter. Thus, a back injury is reasonably
anticipated. It cannot serve as basis, therefore, for Sunga to be entitled to disability
benefits. There was no mishap, occurrence, or fortuitous event when the injury was
incurred. Hence, the CA reversed the findings of the labor tribunals and applied the
POEA Standard Contract for Seafarers disability benefits (which only requires that the
seafarer’s disability must be caused by an injury or illness that is work-related), instead
of enforcing the parties’ CBA.
Sunga’s motion for reconsideration having been denied, it now come before us for a
final review.
The Issues
Sunga raises the following assignment of errors:
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