6/14/2021 E-Library - Information At Your Fingertips: Printer Friendly WHEREFORE, premises considered, the instant petition is hereby GRANTED. The assailed Decision of the NLRC dated 29 August 2014 and Resolution dated 3 October 2014 are hereby REVERSED and SET ASIDE. Accordingly, the Decision of the Labor Arbiter dated 29 April 2014 is REINSTATED. Meanwhile, petitioners' prayer for the issuance of temporary restraining order and writ of preliminary injunction is DENIED for being moot and academic. SO ORDERED.[26] Petitioner's Motion for Reconsideration[27] was denied by the CA in its Resolution[28] dated March 21, 2018 for lack of merit. Hence, the present petition. Issue The issue for resolution is whether or not the CA erred in finding that petitioner failed to report for his medical referral within the three (3)-day period from his repatriation and in concluding that petitioner failed to adduce evidence showing that his illnesses are work-related which would entitle him to total and permanent disability benefits.[29] Our Ruling The Court finds the petition without merit. In Gamboa v. Maunlad Trans, Inc.,[30] the Court held that: It is settled that the entitlement of a seafarer on overseas employment to disability benefits is governed by law, by the parties' contracts, and by the medical findings. By law, the relevant statutory provisions are Articles I 97 to 199 (formerly Articles 191 to 193) of the Labor Code in relation to Section 2(a), Rule X of the Amended Rules on Employee Compensation. By contract, the material contracts are the POEA-SEC, which is deemed incorporated in every seafarer's employment contract and considered to be the minimum requirements acceptable to the government, the parties' Collective Bargaining Agreement, if any, and the employment agreement between the seafarer and the employer.[31] After a thorough and exhaustive review of the records, We find that the CA, in its Decision dated July 17, 2017, did not commit any serious error of judgment that would warrant a reversal from this Court. On the contrary, the CA correctly ruled that the NLRC committed grave abuse of discretion in finding that petitioner is entitled to total and permanent disability benefits since petitioner miserably failed to adduce evidence to support his allegations that his illnesses are work-related and that he has complied with the mandatory three (3)-day reporting to the company-designated physician as a condition precedent under the POEA rules to constitute a cause of action. In China Banking Corporation v. Court of Appeals,[32] We established that: Well-settled is the rule that since a cause of action requires, as essential elements, not only a legal right of the plaintiff and a correlative duty of the https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66786 6/13