5/19/2021
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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]
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