cralawIt
must be stressed that in a petition for review on certiorari under
Rule 45 of the Rules of Court, only questions of law may be raised. [23] The
Court is not a trier of facts and is not to reassess the credibility and
probative weight of the evidence of the parties and the findings and
conclusions of the Labor Arbiter and the NLRC as affirmed by the appellate
court. Moreover, the factual findings of the Labor Arbiter and the NLRC are
accorded respect and finality when supported by substantial evidence,
which means suchevidence as that which a reasonable mind might accept
as adequate to support a conclusion. The Court does not substitute its own
judgment for that of the tribunal in determining where the weight of
evidence lies or what evidence is credible.[24]
In the instant case, the CA, the NLRC and the Labor Arbiter are one in their
findings that based on the evidence on record, petitioner is not entitled to
disability benefits.
cralawPrescinding from the foregoing, the Court finds and so rules that
under the Standard Terms and Conditions Governing the Employment of
Filipino Seafarers On-Board Ocean-Going Vessel or the POEA Standard
Employment Contract issued pursuant to DOLE Department Order No. 4,
and POEA Memorandum Circular No. 9, both Series of 2000, petitioner is
not entitled to disability benefits. Section 20-B, paragraph 2 of the POEA
Standard Employment Contract provides:
SECTION 20. COMPENSATION AND BENEFITS
xxxx
B. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS
cralawThe liabilities of the employer when the seafarer suffers
work-related injury or illness during the term of his contract
are as follows:
xxxx
2. cralawIf the injury or illness requires medical and/or
dental treatment in acralawforeign port, the employer shall be
liable for the full cost of such cralawmedical, serious dental,
surgical and hospital treatment as well as cralawboard and
lodging until the seafarer is declared fit to work or to
be cralawrepatriated.