4/9/2020 E-Library - Information At Your Fingertips: Printer Friendly Upon the other hand, before the seafarer may be entitled to disability compensation, the following conditions must be sufficiently established by the seafarer like [Taok]: “1.That the illness/injury was suffered during the term of employment; 2. That the illness/injury is work-related; 3. That the seafarer report to the company-designated physician for a post[-]employment medical examination and evaluation within three (3) working days from the time of his return; AND 4. That any disability should be assessed by the companydesignated physician on the basis of the Schedule of Disability Grades as provided under the POEA-SEC.” A careful scrutiny of the records, however, reveals that [Taok] failed to establish or satisfy all the foregoing requirements. While his illness manifested during the term of his employment and he reported to the company-designated physician for post[-]employment medical examination within the required period, there is no showing that his illness is workrelated and that as a consequence of such work-related illness, he is suffering from a disability assessed by a company[-] designated physician on the basis of the Schedule of Disability Grades specified under the POEASEC. In fact, as aptly observed by the Labor Arbiter[,] when [Taok] instituted his complaint for disability benefits barely a month after his repatriation, he was still undergoing treatment and evaluation by the company-designated physician. Thus, there was still no finding as to whether or not his ailment is work-related and whether or not he is suffering from any disability. x x x[15] Taok moved for reconsideration but this was denied by the NLRC in a Resolution[16] dated March 18, 2008. Taok, thus, filed with the CA a petition for certiorari under Rule 65 of the Rules of Court, alleging that the assailed issuances of the NLRC were attended with grave abuse of discretion. The CA, in its Decision[17] dated May 25, 2010 agreed with Taok and reversed the findings of the NLRC: WHEREFORE, premises considered, the assailed Decision of the NLRC in NLRC NCR CA No. 052971-07 is hereby REVERSED and SET ASIDE. Private respondents C.F. SHARP CREW MANAGEMENT, INC., ARTURO ROCHA, NORWEGIAN CRUISE LINE and NORWEGIAN SUN, are ORDERED to pay jointly and severally the amount of US$60,000.00 as permanent and total disability benefits of [Taok] and US$1,584.00 as sickness wages plus the amount of ten (10) percent thereof as attorney’s fee. SO ORDERED.[18] elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55036 5/15