8/27/2020 E-Library - Information At Your Fingertips: Printer Friendly [46] See NFD International Manning Agents, Inc. v. Illescas, supra note 33, at 259, where the Court held that even if the seafarer was not involved in an accident, he was still entitled to the benefits under the CBA. The stipulations in the CBA, however, cover even injuries not arising from an accident. The CBA stipulations therein state: Art. 13. (Compensation for Death and Disability). If a seafarer/officer, due to no fault of his own, suffers permanent disability as a result of an accident while serving on board or while traveling to or from the vessel on Company's business or due to marine peril, and as a result, his ability to work is permanently reduced, totally or partially, the Company shall pay him a disability compensation which including the amounts stipulated by the POEA's Rules and Regulations Part II, Section C, shall be maximum of US$70,000.00 for ratings and US$90,000.00 for officers. The degree of disability, which the Company, subject to this Agreement, is liable to pay, shall be determined by a doctor appointed by the Company. If a doctor appointed by the Seafarer and his Union disagrees with the assessment, a third doctor may be agreed jointly between the Company and the seafarer and his/her Union, and third doctor's decision shall be final and binding on both parties. A seafarer who is disabled as a result of an injury, and whose permanent disability in accordance with the POEA schedule is assessed at 50% or more shall, for the purpose of this paragraph, be regarded as permanently disabled and be entitled to 100% compensation (USD90,000 for officers and USD70,000 for ratings). A seafarer/officer who is disabled as a result of any injury, and who is assessed as less than 50% permanently disabled, but permanently unfit for further service at sea in any capacity, shall also be entitled to a 100% compensation. (Additional emphasis in the last paragraph supplied) Source: Supreme Court E-Library This page was dynamically generated by the E-Library Content Management System (E-LibCMS) https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65520 14/14