8/26/2020 E-Library - Information At Your Fingertips: Printer Friendly the CA,[52] that is, from the prism of whether the CA correctly determined the presence or absence of grave abuse of discretion in the NLRC's decision.[53] Grave abuse of discretion, amounting to lack or excess of jurisdiction, has been defined as the capricious and whimsical exercise of judgment, done in a despotic manner by reason of passion or personal hostility, the character of which being so patent and gross as to amount to an evasion of positive duty or to a virtual refusal to perform the duty enjoined by or to act at all in contemplation of law.[54] In labor cases, grave abuse of discretion may be ascribed to the NLRC when its findings and conclusions are not supported by substantial evidence, which refers to that amount of relevant evidence that a reasonable mind might accept as adequate to justify a conclusion.[55] Thus, if the NLRC ruling has basis in the evidence and the applicable law and jurisprudence, then no grave abuse of discretion exists and the CA should so declare, and accordingly, dismiss the petition.[56] With these standards in mind, the Court finds that the CA erroneously ascribed grave abuse of discretion on the part of the NLRC in dismissing Tiquio's claim for disability benefits. It is basic that the entitlement of overseas seafarers to disability benefits is a matter governed, not only by medical findings, but also by law and contract.[57] By law, the pertinent statutory provisions are Articles 197 to 199[58] (formerly Articles 191 to 193) of the Labor Code, as amended,[59] in relation to Section 2 (a), Rule X[60] of the Amended Rules on Employees Compensation.[61] By contract, material are: (a) the POEA-SEC, which is a standard set of provisions that is deemed incorporated in every seafarer's contract of employment; (b) the Collective Bargaining Agreement (CBA), if any; and (c) the employment agreement between the seafarer and his employer.[62] Section 20 (A) of the 2010 POEA-SEC, which is the rule applicable to this case since Tiquio was employed in 2012, governs the procedure for compensation and benefits for a work-related injury or illness suffered by a seafarer on board sea-going vessels during the term of his employment contract, to wit: SEC. 20. COMPENSATION AND BENEFITS A. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS The liabilities of the employer when the seafarer suffers work-related injury or illness during the term of his contract are as follows: xxxx 3. x x x [I]f after repatriation, the seafarer still requires medical attention arising from said injury or illness, he shall be so provided at cost to the employer until such time he is declared fit or the degree of his disability has been established by the company-designated physician. 4. n addition to the above obligation of the employer to provide medical attention, the seafarer shall also receive sickness allowance from his employer in an amount equivalent to his basic wage computed from https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65357 4/20