8/26/2020
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In the assailed Decision, the CA dismissed Malicdem's petition for certiorari, thereby
finding no grave abuse of discretion on the part of the NLRC for affirming the LA's
ruling, to wit:
In view of these considerations, the Court finds no grave abuse [of
discretion] on the part of the NLRC in affirming the Labor Arbiter's ruling and
in subsequently denying petitioner's motion for reconsideration.
WHEREFORE, the petition is DISMISSED for lack of merit.
SO ORDERED.[41]
According to the CA, the LA's and the NLRC's findings are supported by substantial
evidence. The records are bereft of any showing that the documents required to be
presented in compensation cases for hypertension under Section 32(A)(20) of the
POEA-SEC were presented by Malicdem.[42] His bare claim that the food provisions on
board the vessel exacerbated his hypertension is insufficient.[43] As for his glaucoma,
the CA held that Malicdem cannot rely merely on the disputable presumption of workrelatedness provided under Section 20(B). He still had the burden to present
substantial evidence that his working conditions caused or increased the risk of
contracting the disease.[44] Malicdem failed to discharge this burden. On the contrary,
the company-designated physician, Dr. Salvador, issued findings during Malicdem's first
repatriation and after examining his condition, that his glaucoma is a non-work related
condition.[45]
Malicdem filed a Motion for Reconsideration[46] which was denied in the assailed
Resolution dated May 13, 2016.
Refusing to concede and after filing a Motion for Extension of Time to File Petition for
Review on Certiorari,[47] Malicdem filed the present Petition, raising the following
issues:
1. WHETHER OR NOT THE HONORABLE COURT OF APPEALS
5TH DIVISION COMMITTED A REVERSIBLE ERROR IN
AFFIRMING THE DECISION OF THE HONORABLE NLRC 1ST
DIVISION;
2. WHETHER OR NOT FAILURE TO COMPLY WITH THE
MANDATORY THREE [3] DAY REPORTORIAL REQUIREMENT
UNDER SECTION 20 [A] [3] OF THE 2010 POEA-SEC WILL
RESULT IN THE FORFEITURE OF DISABILITY CLAIMS;
3. WHETHER OR NOT THE DISPUTABLE PRESUMPTION
UNDER SECTION 20 [A] [4] OF THE 2010 POEA-SEC
WORKS IN THE SEAFARER'S FAVOR;
4. WHETHER OR NOT PETITIONER
PERMANENTLY DISABLED; and
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65276
IS
TOTALLY
AND
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