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11-om considering Taok as having abandoned his claim for sickness wages for the
period after he filed the subject complaint, there is an inherent inconsistency between
Taok's claim for total and permanent disability benefits and sickness wages for the
period that he claimed to be total and permanently disabled.
WHEREFORE, the petition is GRANTED. The Decision dated May 25, 2010 and
Resolution dated September 8, 2010 of the Court of Appeals in CA-G.R. SP No. 103728
are hereby REVERSED and SET ASIDE Joel D. Taok's complaint docketed as NLRC
NCR OFW Case No. (L) 06-09-02902-00 is hereby DISMISSED for lack of merit.
SO ORDERED.
Carpio, (Chairperson), Brion, Perez, and Sereno, JJ., concur.
[1] Penned by Associate Justice Francisco P. Acosta, with Associate Justices Vicente S.E.
Veloso and Samuel H. Gaerlan, concurring; rollo, pp. 72-80.
[2] Id. at 108-100.
[3] Id. at 34.
[4] Id. at 134-136.
[5] Id. at 73, 137-139.
[6] Id. at 140.
[7] Id. at 112-120.
[8] Id. at 119-120.
[9] Id. at 115-116.
[10] Id. at 117-118.
[11] Id. at 119.
[12] Id. at 143.
[13] Id. at 142.
[14] Penned by Commissioner Perlita B. Velasco, with Presiding Commissioner Gerardo
C. Nograles and Commissioner Romeo L. Go, concurring; id. at 122-130.
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