6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly The Labor Arbiter held that the contract between the parties is the law between them. Hence, the partial and permanent disability assessment made by the companydesignated physician in accordance with the CBA prevails over the inability of Carcedo to return to his usual work. The Ruling of the NLRC On appeal, the NLRC reversed the Labor Arbiter’s decision and awarded Carcedo full disability benefits and attorney’s fees. The dispositive portion of the NLRC Decision dated 8 March 2011 reads: WHEREFORE, premises considered, the instant appeal is hereby GRANTED. The decision appealed from is REVERSED and SET ASIDE, and a new one issued ordering MAINE MARINE PHILIPPINES, INC., to pay DARIO A. CARCEDO, or his surviving spouse, PRISCILLA V. DELA CRUZ-CARCEDO, the amount of ONE HUNDRED FORTY EIGHT THOUSAND FIVE HUNDRED US DOLLARS ($148,500.00), plus attorney’s fees not exceeding US$14,850.00. SO ORDERED.[26] The NLRC gave credence to the findings of Dr. Raymundo, and held that Carcedo’s death was confirmation of his unfitness to do work as a seaman.[27] The NLRC applied the definition of permanent disability enunciated by the Court in the case of Crystal Shipping Inc. v. Natividad,[28] which was “the inability of a worker to perform his job for more than 120 days, regardless of whether or not he loses the use of any part of his body.”[29] In its Resolution dated 27 May 2011,[30] the NLRC denied respondents’ motion for reconsideration for lack of merit. Hence, herein respondents filed a Petition for Certiorari[31] before the Court of Appeals. The Ruling of the Court of Appeals The Court of Appeals upheld the 8% disability grading made by the companydesignated physician in accordance with the CBA. However, the Court of Appeals also declared Carcedo to be suffering from total and permanent disability because (1) he was unable to perform his job for more than 120 days; and (2) the declarations by the company-designated physician that Carcedo was fit for sea duty were made more than 400 days from repatriation. The dispositive portion of the Court of Appeals’ Decision dated 29 June 2012 reads: ACCORDINGLY, the Decision dated March 8, 2011 is NULLIFIED and the Labor Arbiter’s Decision dated November 30, 2010, REINSTATED. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/59949 5/19