4/9/2020 E-Library - Information At Your Fingertips: Printer Friendly evidence that the alleged eye injury was directly caused by the thinner, the certification of Dr. Bunuan not having stated its cause;24 and that a certification from an eye specialist, a certain Dr. Willie Angbue-Te, showed the contrary, because the certification attested that the splashing of some thinner on the eye would not in any way lead to vitreous hemorrhage with retinal detachment, which was usually caused by trauma, pre-existing lattice degeneration, diabetic retinopathy, high myopia, retinal tear or retinal holes.[25] Ruling of the NLRC On June 13, 2001, the NLRC reversed the Labor Arbiter’s decision and dismissed Tanawan’s complaint for lack of merit.[26] After the NLRC denied his motion for reconsideration,[27] Tanawan commenced a special civil action for certiorari in the CA. Ruling of the CA On November 29, 2002, the CA rendered its assailed decision in favor of Tanawan,[28] whose dispositive portion reads as follows: WHEREFORE, having found that public respondent NLRC committed grave abuse of discretion, the Court hereby ANNULS the assailed Decision and Resolution and REINSTATES the decision of the Labor Arbiter dated January 21, 2000. SO ORDERED. The CA discoursed that what was being compensated in disability compensation was not the injury but the incapacity to work; that considering that the foot injury incapacitated Tanawan from further working as dozer driver for the petitioner’s principal, he should be given disability benefits; that Dr. Lim’s certification had no probative weight because it was self- serving and biased in favor of the petitioner; that Tanawan’s claim for the eye injury was warranted because the injury occurred during the term of the employment contract; and that an injury, to be compensable, need not be work-connected.[29] On October 17, 2003, the CA denied the petitioner’s motion for reconsideration for lack of merit.[30] Issues Hence, this appeal, with the petitioner tendering the following issues: elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55096 4/11