perform the duty enjoined or to act at all, in contemplation of law. The judgment
must be rendered in a capricious, whimsical, arbitrary or despotic manner by
reason of passion, prejudice or personal hostility.[15]
Abuse of discretion does not necessarily follow in cases where the NLRC
reverses a labor arbiters decision. The mere variance in evidentiary assessment
between the labor arbiter and the NLRC does not automatically call for a full
review of the facts by this Court. The decision of the NLRC, so long as it has
substantial support from the records, deserves respect from this Court.[16]
The appellate courts decision, for its part, is clear:
The NLRC could hardly be accused of misappreciating the facts of the case, as it
is undisputed that the private respondent sustained his injury while serving on
board the M/V Castor belonging to petitioner Seagiant Management Co., Ltd.,
and that the said injury was compensable. Nor could the NLRC be accused of
misapprehending the extent of the private respondents injury as in making its
conclusions, the NLRC referred to matters of evidence appearing on record, after
using its own reasoning and cognitive powers. We see that the NLRC gave
weight to the observations of Dr. Norberto Meriales that the private respondent,
whether operated on or not, will not be able to perform or be hired for his
previous work as a seaman, and no grave abuse of discretion could be gleaned
from such fact. The NLRC also relied on the observations of Dr. Rafael Bundoc
of the PGH, which point out that even if private respondent is allowed surgeries
to lessen his pain, he will never be able to attain the level of activity that he could
perform as a seaman.
The NLRC also did not misconstrue or misapply the legal principles it had cited
in resolving the appeal before it. It is in accord with judicious reasoning for the
NLRC to cite the rule that a claimants disability should not be understood solely
on its medical significance, but also on the real and actual effects of the injury to
the claimants right and opportunity to perform work and earn a living. In fine,
private respondents injury rendered him incapable of performing the same work
or work of a similar nature as he was trained or accustomed to. It is only just that
the remuneration paid to him at least approximates his loss.