9/15/21, 8:01 PM E-Library - Information At Your Fingertips: Printer Friendly When meting out compensations according to POEA Ru1es, any entitlements according to the Danish Industrial Injuries Act should be set of. The set off is based on a conversion of any running benefits into a lumpsum according to specific rules laid down by the Danish Minister of Social Affairs.[38] The CBA provides that any amount awarded under the Danish Industrial Injuries Act shall be subtracted from the compensation respondent is found to be entitled under the POEA-SEC. Any deficiency would be the amount payable to respondent. Necessarily, a prior ruling in accordance with the Danish Industrial Injuries Act is necessary in order to determine whether such deficiency exists. With this determination, it must be noted there is no more hindrance in the resolution of this case as the NBII has already rendered its Decision[39] granting respondent: a) 8% disability benefits in the amount of USD9,596.39 or DKK64,408.00,[40] b) loss of earning capacity equivalent to 75% for which the respondent will receive a monthly compensation in the amount of DKK6,268.00 from January 28, 2015 until June 10, 2038, when the respondent reaches 68 years old.[41] There is no more any practical value in dismissing the case on the ground of prematurity merely because respondent instituted this action during the pendency of the proceedings before the NBII. It is more judicious to resolve the instant case to finally put an end to this controversy. The NBII Decision was brought to the attention by petitioner on September 24, 2015 through a Manifestation filed before the CA.[42] The same NBII Decision was considered and recognized by the CA in rendering its herein assailed Decision. Notably, respondent made no comment or objection to the introduction of the NBII Decision before the CA. Likewise, petitioner did not assail or repudiate the said NBII Decision in its petition before this Court. Similarly, no objection was made by respondent with respect to petitioner's submission that he had already received a total of DKK98,661.00 or USD14,566.78 – representing disability benefits of DKK64,408.00 or USD9,596.39 which respondent received on May 26, 2015, and DKK34,253.00 or USD4970.38, back payment for loss of earning capacity until February 29, 2016. These payments were supported by statements issued by the Danske Bank that the amounts have been credited to respondent's accounts at the Bank of the Philippine Islands, Ayala Avenue Branch.[43] Respondent similarly does not dispute this fact. The NBII Decision, of itself, is presumptive evidence of the rights as between the parties.[44] Coupled with its partial execution in the form of payment to respondent of disability benefits, there remains to be no genuine issue in this case but the execution of its remaining disposition vis-a-vis the provisions of POEA SEC.[45] Pursuant to the NBII Decision, Mr. Frederick Nielsen of the Danish Shipowner Accident Insurance Association affirmed that respondent is entitled to receive DKK2,860.00 by way of monthly compensation for loss earning capacity until he reaches the age of 68 years.[46] Respondent having been born on June 10, 1969, is therefore entitled to receive this monthly compensation until June 9, 2038. Respondent is therefore entitled to a total amount of DKK764,411.00 or USD121,601.43[47] as compensation for loss of earning capacity, computed as follows: https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/67062 6/10