5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly The Labor Arbiter added that Agbayani’s November 4, 2007 Initial Out-Patient Consult Report declaring that Bengson’s illness is not work-related cannot be given credence, as it has been shown that prior to boarding MOL Tankship’s vessel, respondent was declared “fit to work” by petitioners’ own physicians, and if he contracted heart disease while on board the ship, it can only be caused by his work and the conditions he was subjected to during his employment. Finally, the Labor Arbiter held that pursuant to the IBF JSU/AMOSUP-IMMA CBA under which Bengson is covered, disability compensation should be awarded to him in the amount of US$137,500.00, which is equivalent to 100% degree of disability under said CBA. Ruling of the National Labor Relations Commission Petitioners appealed to the NLRC, where the case was docketed as NLRC LAC No. (OFW-M) 10-000643-09. On August 31, 2010, the NLRC rendered its Decision[14] granting the appeal, setting aside the Labor Arbiter’s June 18, 2009 Decision, and thus dismissing the complaint in NLRC OFW Case No. (M) 07-10402-08. Respondent moved to reconsider, but the NLRC stood its ground.[15] Essentially, the NLRC held that the IBF JSU/AMOSUP-IMMA CBA is relevant only in cases of permanent disability arising from accident – which is not the case for Bengson, who contracted illness; thus, the provisions of the POEA-SEC apply instead. It added that under the POEA-SEC, hematoma is not included in the list of compensable illnesses; this being the case, Bengson should have proved that such illness was workrelated and compensable, and it is not enough for him to claim or show that it was contracted during his employment with petitioners. Having failed to do so, Agbayani’s findings that his illness is not work-related should prevail. It held further that since respondent’s illness is not work-related, his inability to work for more than 120 days is therefore irrelevant and does not entitle him to permanent total disability benefits. Ruling of the Court of Appeals In a Petition for Certiorari[16] filed with the CA and docketed therein as CA-G.R. SP No. 118501, Bengson sought to set aside the above NLRC Decision and reinstate that of the Labor Arbiter’s, arguing mainly that his illness is work-connected which therefore entitles him to disability compensation under the IBF JSU/AMOSUP-IMMA CBA. On July 15, 2011, the CA issued the herein assailed Decision containing the following decretal portion: WHEREFORE, premises considered, the instant petition for certiorari is hereby GRANTED. The Decision dated August 31, 2010 of public respondent National Labor Relations Commission (NLRC), First Division, is ANNULLED and SET ASIDE. Accordingly, the Decision dated June 18, 2009 of the Labor Arbiter is REINSTATED with the modification in that private respondents Magsaysay Mitsui OSK Marine, Inc. and/or MOL Tankship Management elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57809 4/13