5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly DISMISSED for lack of merit. SO ORDERED.[16] Respondent then filed a Motion for Reconsideration.[17] On May 15, 2015, the NLRC denied the motion through a Resolution.[18] In his Petition for Certiorari[19] under Rule 65 of the Rules of Court before the CA, respondent raised the following grounds for the latter's consideration, to wit: I. THE [NLRC] (SIXTH DIVISION) GRAVELY ABUSED [THEIR] DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION IN SETTING ASIDE THE DECISION OF THE HONORABLE [LA]. II. THE [NLRC] (SIXTH DIVISION) GRAVELY ABUSED [THEIR] DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION, DISENTITLING [RESPONDENT] TO PERMANENT TOTAL DISABILITY BENEFITS[,] MEDICAL REIMBURSEMENT AND FULL SICKNESS ALLOWANCE AS STATED IN THE CONTRACT AND THE POEA STANDARD EMPLOYMENT CONTRACT. III. THE [NLRC] (SIXTH DIVISION) GRAVELY ABUSED [THEIR] DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION DISMISSING THE CASE DISENTITLING [RESPONDENT] TO DAMAGES AND ATTORNEY'S FEES. [20] Ruling of the CA On November 27, 2017, the CA rendered the assailed Decision[21] finding merit in the petition. It approved the Dissenting Opinion of Commissioner Nieves E. Vivar-De Castro as to why respondent's illness is compensable. The dispositive portion of the assailed Decision reads as follows: WHEREFORE, premises considered, the instant Petition is hereby GRANTED. Accordingly, the Decision dated 31 March 2015 and Resolution dated 15 May 2015 rendered by the National Labor Relations Commission is hereby ANNULLED and SET ASIDE and the Decision of the Labor Arbiter dated 28 August 2014 is REINSTATED with MODIFICATION, in that attorney's fees in the amount of one thousand US dollars (US$1,000.00) or its equivalent in Philippine pesos, computed at the exchange rate prevailing at the time or actual payment, should be paid. The monetary judgment due to the petitioner shall earn legal interest at the rate of six percent (6%) per annum from finality of the Decision until fully satisfied. SO ORDERED.[22] https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66350 3/11

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