7/7/2021 E-Library - Information At Your Fingertips: Printer Friendly WHEREFORE, premises considered, the petition is GRANTED. The assailed March 31, 2011 decision of public respondent and its June 15, 2011 resolution are HEREBY REVERSED AND SET ASIDE. The private respondents are held jointly and severally liable to pay the petitioner permanent and total disability benefits in the amount of US$60,0000.00, or its peso equivalent at the prevailing exchange rate at the time of payment, reimbursement of expenses duly supported by official receipts, and attorney's fees of ten percent (10%) of the total monetary award. SO ORDERED.[19] In reversing the NLRC's Decision, the CA concluded that the ailments of respondent were caused and/or aggravated by the nature of his employment. The CA further explained that, although his illnesses resulting in the removal of his kidney are not among those listed in Section 32-A (Occupational Disease) of the 2000 Philippine Overseas Employment Administration-Standard Employment Contract (POEA-SEC), such ailments are presumed to be work-related. Accordingly, petitioners have the burden of proof to overturn such presumption. Petitioners, however, failed to do so. Aggrieved, petitioners moved for reconsideration. It was, however, denied in a Resolution[20] dated May 28, 2013. Hence, the instant petition for review on certiorari[21] interposing the following issues: Issues I. Whether the [CA] committed serious, reversible error of law in awarding total and permanent disability benefits to Mr. Victorio de Jesus notwithstanding (i) completion of his employment contract; and (ii) failure to submit himself to the company doctor for a post-medical examination within 3 days from his arrival in the Philippines contrary to the rulings of this Honorable Court in Coastal Safeway Marine Services, Inc. v. Esguerra, G.R. No. 185352, 10 August 2011 and Jebsens Maritime Inc., represented by Ms. Arlene Asuncion and/or Alliance Marine Services, Lld., v. Enrique Undag, G.R. No. 191491, 14 December 2011; II. Whether the [CA] committed serious reversible error of law in awarding total and permanent disability benefits to Mr. Victoria de Jesus notwithstanding overwhelming evidence presented by petitioners that his illness does not render him permanently and totally disabled. Respondent's condition, loss of one kidney is classified as Grade 7 under POEA Contract. x x x III. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66977 3/14

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