6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly SO ORDERED.[32] Hence, this petition. The Issues Carcedo assigned the following errors: I THE COURT OF APPEALS COMMITTED SERIOUS ERROR OF LAW IN NOT AWARDING TOTAL AND PERMANENT DISABILITY BENEFITS TO THE PETITIONER IN ACCORDANCE WITH THE COLLECTIVE BARGAINING AGREEMENT. II THE HONORABLE COURT OF APPEALS COMMITTED SERIOUS ERROR OF LAW IN DISMISSING PETITIONER’S CLAIMS FOR DAMAGES AND ATTORNEY’S FEES.[33] The Court’s Ruling We grant the petition in part. Entitlement to Disability Benefits A contract is the law between the parties, which in this case are the CBA and the POEASEC. The CBA contains the following pertinent medical and disability provisions: Article 25: Medical xxxx 25.3 A seafarer repatriated to their port of engagement, unfit as a result of sickness or injury, shall be entitled to medical attention (including hospitalization) at the Company’s expense: xxxx (b) in the case of injury, for so long as medical attention is required or until a medical determination in accordance with clause 28.2 concerning permanent disability. xxxx Article 28: Disability elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/59949 6/19

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