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We find no ambiguity in the language of this cited CBA provision. There can be no
interpretation of its meaning other than that Pellazar cannot be entitled to the full
disability benefits of US$75,000 as the company-designated physicians had not
certified him to be permanently unfit for further sea service. He is entitled
only to the Grade 10 disability rating certified by Drs. De Guzman and Banaga
equivalent to US$10,075.01 pursuant to the POEA-SEC which provides that “in
case of permanent total or partial disability of the seafarer caused by injury or
illness the seafarer shall be compensated in accordance with the schedule of
benefits enumerated in the Contract.”[29]
B. Award for attorney’s fees
Lastly, the award of attorney’s fees is without legal basis as the petitioners, in light of
the above discussion, are well within their rights under the POEA-SEC and the CBA to
deny Pellazar’s claim for permanent total disability benefits.
WHEREFORE, premises considered, we GRANT the petition. The assailed decision
and resolution of the Court of Appeals are SET ASIDE. The decision dated November
29, 2008 of the National Labor Relations Commission is REINSTATED.
SO ORDERED.
Carpio, (Chairperson), Del Castillo, Perez, and Perlas-Bernabe, JJ., concur.
[1] Rollo, pp. 24-56.
[2] Id. at 11- l9 and 67-75; penned by Associate Justice Mario L. Guariña III and
concurred in by Associate Justices Apolinario D. Bruselas, Jr. and Manuel M. Barrios.
[3] Id. at 22 and 79.
[4] CA Rollo, pp. 44-45.
[5] Id. at 123-140 and 338-352.
[6] Id. at 67.
[7] Supra note 4, at 140 and 352.
[8] CA rollo, p. 140.
[9] Id. at 80.
[10] This CBA refers to the Associated Marine Officers’ and Seamen’s Union of the
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