6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly because its provisions limit the employer's liability to occupational injury as a result of an accident or to occupational disease suffered by the employee; and, that given that stomach cancer is not listed as an occupational disease, it would be erroneous to award disability benefits pursuant to the CBA; hence, the CA improperly awarded attorney's fees considering that the CA gave no explanation for that award. For her part, Julia Aligway (Julia), as substitute for her deceased husband Demetrio, contends that Dr. Salvador did not explain why Demetrio's illness was not work-related; that there is in fact substantial evidence that Demetrio's illness was work-related; that environmental factors, which include conditions in oceangoing vessels, contributed to Demetrio's illness; that Demetrio had passed his PEME and was aboard the vessel when he suffered from his illness; and, that his work as chief cook was all about food intake and this circumstance did contribute to and aggravate his stomach cancer. Issue In fine, the core issue before us is whether the CA erred in holding that the NLRC committed grave abuse of discretion in denying Demetrio's appeal and in affirming the dismissal of the complaint for lack of merit. Our Ruling As a rule, in a petition for review under Rule 45 of the Rules of Court, only questions of law can be raised and be reviewed by this Court. However, this rule admits of exceptions and one such exception is where the Court may make its own evaluation of the evidence adduced by the parties because the factual findings of the tribunals or courts a quo are in conflict with each other.[37] In this case, the LA, as affirmed by the NLRC, found that Demetrio was not entitled to disability benefits, among other claims, and dismissed his complaint for lack of merit. The CA ruled otherwise. Thus, because of the conflicting findings of fact of the LA and NLRC, on one hand, and of the CA, on the other, this Court has to exercise its mandated authority to examine the evidence on record. We stress that entitlement of seafarers to disability benefits is governed by medical findings, law and contract. Articles 191 to 193 under Chapter VI (Disability Benefits) of Book IV of the Labor Code set forth the applicable provisions concerning disability benefits. Also, the POEA-SEC and the CBA bind the seafarer and his employer to each other.[38] In this case, considering that Demetrio did not surfer from an occupational disease - or such diseases listed under Section 32-A of the 2000 POEA-SEC - it stands to reason that to be entitled to disability benefits, he must establish that he suffered from a workrelated injury or illness. Under Section 20(B) of the 2000 POEA SEC, for disability to be compensable, (1) the seafarer's injury or illness must be work-related; and (2) the work-related injury or illness must have existed during the term of his employment contract. Hence, the seafarer must not only show that he suffers from an illness or injury that rendered him elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61244 5/10