6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly On February 28, 2011, the CA rendered a Decision[24] holding that Pastor is suffering from osteoarthritis, an ailment listed as an occupational disease under the POEA-SEC. It concluded that the said ailment developed in the course of Pastor's employment and progressed due to the conditions of his job as a messman. Accordingly, the CA ruled that Pastor's illness is work-related. Moreover, it declared his disability as permanent and total given that his ailment resulted in the impairment of his earning capacity. Hence: IN VIEW OF THE FOREGOING, the petition is dismissed. SO ORDERED.[25] Petitioners filed a Motion for Reconsideration[26] where they pointed out that the CA incorrectly declared Pastor as suffering from osteoarthritis. They maintained that his ailment is actually spinal disc degeneration, an illness completely different from osteoarthritis and is not listed as an occupational disease under the POEA-SEC. Moreover, Pastor failed to sufficiently meet the conditions for compensability as set forth in the POEA-SEC. In a Resolution[27] dated August 9, 2011, the CA denied petitioners' Motion for Reconsideration. Hence, this Petition for Review on Certiorari. Issues 1. What is the actual illness of the private respondent on board the vessel; 2. Whether the Court of Appeals decided in a way not in accord with law or with the applicable decisions of the Supreme Court in affirming the Decision and Resolution of the NLRC despite the glaring fact that the actual illness of the private respondent is not work-related; 3. Whether the Court of Appeals decided in a way not in accord with law or with the applicable decisions of the Supreme Court in awarding US$78,750.00 despite the fact that the private respondent has failed to adduce evidence that he is suffering from a Grade 1 disability; 4. Whether the Court of Appeals decided in a way not in accord with law or with the applicable decisions of the Supreme Court in awarding attorney's fees.[28] In the main, petitioners argue that Pastor suffers not from osteoarthritis but from spinal disc degeneration, an illness not listed under the POEA-SEC as occupational disease and is neither work-related nor compensable. They likewise insist that without any medical or factual evidence of total and permanent disability, there is no sufficient basis to award him Grade 1 disability compensation. Citing Vergara v. Hammonia Maritime Services, Inc.,[29] they aver that an illness which lasted for more than 120 elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60848 4/12