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[21] Id. at 58-78.
[22] Rollo, pp. 49-62.
[23] Id. at 59-61.
[24] Id. at 63-83.
[25] Id. at 14.
[26] Id. at 10-15; CA rollo, pp. 600-605.
[27] Id. at 18-47.
[28] Id. at 127.
[29] Id.
[30] Id. at 130-131.
[31] The foregoing provisions are reiterated in the Collective Bargaining Agreement
between respondents and David’s union, which pertinently states:
20.1.4 Compensation for Disability
20.1.4.1 A seafarer who suffers permanent disability as a result of work-related illness
or from an injury as a result of an accident, regardless of fault but excluding injuries
caused by a seafarer’s willful act, whilst serving on board including accidents and work
related illness occurring whilst traveling to or from the ship, and whose ability to work
is reduced as a result thereof, shall in addition to sick pay, be entitled to compensation
according to the provisions of this Agreement. In determining work related illness,
reference shall be made to the Philippine Employees Compensation Law and/or Social
Security Law.
[32] EO 247, Sec. 3(i).
[33] Id., Sec. 3(j); Fil-Star Maritime Corporation v. Rosete, G.R. No. 192686, November
23, 2011, 661 SCRA 247, 254.
[34] Fil-Star Maritime Corporation v. Rosete, supra note 33, at 255.
[35] Rollo, p. 31.
[36] Id.
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