6/5/2020
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the said decision reads:
WHEREFORE, the instant Petition for Certiorari is GRANTED. The assailed
twin Resolutions, dated September 30, 2003 and dated February 23, 2004,
of the Public Respondent National Labor Relations Commission, in OFW (M)
01-071332-00, are hereby REVERSED and SET ASIDE.
Accordingly, Private Respondents are held jointly and severally liable to pay
Petitioner permanent total disability benefits of [US$ 60,000.00] at its peso
equivalent at the time of actual payment and attorney's fees of ten percent
(10%) of the total monetary award at its peso equivalent at the time of
actual payment.
Costs against private respondents.
SO ORDERED.[25]
The subsequent motion for reconsideration filed by petitioners was denied in a
Resolution dated January 20, 2010.
Hence, the petitioners filed before this Court the present petition raising the following
issues:
1. Whether the Court of Appeals seriously erred in failing to abide by the
express mandate of the governing POEA Contract and jurisprudence which
provides that disability benefits are only given to seafarers who suffer
disabilities. In this case, respondent was already declared "FIT TO WORK" by
the company-designated physician;
2. Whether the Court of Appeals committed serious, reversible error of law
in failing to consider that the findings of the company-designated physician
are conclusive in accordance with the ruling of this Honorable Court in
several cases; [and]
3. Whether the Court of Appeals committed serious, reversible error of law
in not giving petitioners the opportunity to file any comment to respondent's
Petition for Certiorari.[26]
This Court finds the present petition partly meritorious.
A cursory reading of the applicable contractual provisions and a judicious evaluation of
the supporting evidence on records, lends strong credence to the contentions and
arguments presented by petitioners.
Petitioners argued that the decision of the CA awarding disability benefits to respondent
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