8/27/2020 E-Library - Information At Your Fingertips: Printer Friendly allegation with substantial evidence, for any decision based on unsubstantiated allegation cannot stand without offending due process."[41] The same is true for petitioner. The back pain, which he had been experiencing as far back as August 2010, and which worsened while he was carrying heavy objects, was not an unlooked for mishap, occurrence, or fortuitous event. It did not arise from an unusual circumstance. It did not arise from a calamity, casualty, catastrophe, disaster, or an undesirable or unfortunate happening as it would seem to have developed through time given the nature of his work. Petitioner is entitled to benefits under the POEA-SEC. The LA and the NLRC vis-à-vis the CA ruled differently on whether petitioner is entitled to benefits under the CBA. The LA and the NLRC both ruled that petitioner, having been involved in an accident, is entitled under the stipulations in the CBA. The CA, on the other hand, ruled that petitioner is entitled to the benefits under the POEA-SEC since his injury did not arise from an accident. The Court agrees with the CA. The provisions of the CBA state: Article 28: Disability 28.1A seafarer who suffers permanent disability as a result of an accident whilst in the employment of the Company regardless of fault, including accidents occurring while travelling to or from the ship, and whose ability to work as a seafarer is reduced as a result thereof, but excluding permanent disability due to wilful acts, shall in addition to sick pay, be entitled to compensation according to the provisions of this Agreement. 28.2The disability suffered by the seafarer shall be determined by a doctor appointed by the Company. If a doctor appointed by or on behalf of the seafarer disagrees with the assessment, a third doctor may be nominated jointly between the Company and the Union and the decision of this doctor shall be final and binding on both parties. 28.3The Company shall provide disability compensation to the seafarer in accordance with APPENDIX 3, with any differences, including less than ten percent (10%) disability, to be pro rata. 28.4A seafarer whose disability, in accordance with 28.2 above is assessed at fifty percent (50%) or more under the attached APPENDIX 3 shall, for the purpose of this paragraph, be regarded as permanently unfit for further sea service in any capacity and be entitled to one hundred percent (100%) https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65520 9/14