G.R. No. 168716
http://sc.judiciary.gov.ph/jurisprudence/2009/april2009/168716.htm
unfit for work.
The bottomline is this: the certification of the company-designated physician would defeat
respondents claim while the opinion of the independent physicians would uphold such claim. In
such a situation, we adopt the findings favorable to respondent.
The law looks tenderly on the laborer. Where the evidence may be reasonably interpreted
in two divergent ways, one prejudicial and the other favorable to him, the balance must be tilted
[29]
in his favor consistent with the principle of social justice.
WHEREFORE, the petition is hereby DENIED. The November 22, 2004 decision and
June 22, 2005 resolution of the Court of Appeals in CA-G.R. SP No. 85197 affirming the May
27, 2002 decision of the National Conciliation Mediation Board in NCMB Case No.
NCMB-NCR-CRN Case No. 06-007-03 are AFFIRMED.
Costs against petitioners.
SO ORDERED.
RENATO C. CORONA
Associate Justice
WE CONCUR:
REYNATO S. PUNO
Chief Justice
Chairperson
ANTONIO T. CARPIO TERESITA J. LEONARDO-DE CASTRO
9 of 11
1/27/2016 2:08 PM