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WHEREFORE, premises considered, respondents' appeal is DISMISSED for
lack of merit.
The Decision of the [LA] is AFFIRMED.
SO ORDERED.[32]
The NLRC again considered Balatero's length of service rendered aboard 18 of the
respondents' ships, and the stressful and unhealthy conditions thereat, which
contributed to or aggravated the development of Balatero's Hypertensive
Cardiovascular Disease. Further, despite the continuous intake of prescription
medicines, there was no assurance given by the company-designated physicians that
Balatero would be able to fully recover from his condition and perform his work like he
did before. The NLRC also agreed with the LA that since Balatero was forced to litigate
to protect his rights, he is entitled to 10% of the award as attorney's fees.[33]
On July 13, 2015, the NLRC issued a Resolution[34] denying the respondents' motion
for reconsideration (MR).
Ruling of the CA
On September 29, 2015, pending the resolution of their petition for certiorari filed
before the CA, the respondents conditionally paid Balatero the amount of
US$66,000.00, with the provision that in case of a reversal of the NLRC's judgment by
the CA or this Court, the sum shall be returned.[35]
On February 4, 2016, the CA rendered the herein assailed Decision,[36] the fallo of
which reads as follows:
WHEREFORE, the petition is PARTLY GRANTED. The assailed Resolutions
dated June 8, 2015 and July 13, 2015 of the [NLRC], Second Division, in
NLRC LAC N[o]. 05-000403-15(4)/ NLRC NCR OFW (M) 07-09272-14 are
hereby SET ASIDE. Consequently, a new judgment is hereby entered
directing [SCMI] and [Aquanaut] to jointly and severally pay [Balatero] the
sum of US$20,900.00, or its equivalent amount in Philippine currency at the
time of payment.
SO ORDERED.[37]
In denying Balatero's claims for permanent total disability compensation and attorney's
fees, and ordering SCMI and Aquanaut to solidarily pay him the amount of
US$20,900.00 corresponding to Grade 7 Disability Rating benefits, the CA explained
that:
[I]t is jurisprudentially settled that cardiovascular disease, [CAD], and other
heart ailments are work related. In Magsaysay Mitsui Osk Marine, Inc., et al.
vs. Juanita G. Bengson, the High Court enunciated that the cardiovascular
illnesses of therein complainant, who has been serving for the petitioners as
Third Mate for twelve (12) years, were work-related. The High Court further
said that considering that the employment contracts of the complainant
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