7/7/2021
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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.
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