6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly Essentially, the petitioners seek to belie the conclusion of the CA that the NLRC's determination of Conag's permanent total disability is not borne out by the evidence. In effect, the Court was asked to make an inquiry into the contrary factual findings of the NLRC and the LA, whose statutory function is to make factual findings based on the evidence on record.[29] Crucial, then, to a ruling on the above issue is whether the CA was justified in finding that, contrary to the NLRC's conclusion, Conag suffered a workrelated spinal injury which rendered him unfit to return to work. Ruling of the Court The Court grants the petition. In appeals by certiorari under Rule 45 of the Rules of Court, the task of the Court is generally to review only errors of law since it is not a trier of facts, a rule which definitely applies to labor cases.[30] But while the NLRC and the LA are imbued with expertise and authority to resolve factual issues, the Court has in exceptional cases delved into them where there is insufficient evidence to support their findings, or too much is deduced from the bare facts submitted by the parties, or the LA and the NLRC came up with conflicting findings,[31] as the Court has found in this case. Seafarer's right to disability benefits The relevant legal provisions governing a seafarer's right to disability benefits, in addition to the parties' contract and medical findings,[32] are Articles 191 to 193 of the Labor Code and Section 2, Rule X of the Amended Rules on Employee Compensation. The pertinent contracts are the POEA-SEC, the CBA, if any, and the employment agreement between the seafarer and his employer.[33] To summarize and harmonize the pertinent provisions on the establishment of a seafarer's claim to disability benefits, the Court held in Vergara v. Hammonia Maritime Services, Inc., et al.[34] that: [T]he seafarer, upon sign-off from his vessel, must report to the companydesignated physician within three (3) days from arrival for diagnosis and treatment. For the duration of the treatment but in no case to exceed 120 days, the seaman is on temporary total disability as he is totally unable to work. He receives his basic wage during this period until he is declared fit to work or his temporary disability is acknowledged by the company to be permanent, either partially or totally, as his condition is defined under the POEA [-SEC] and by applicable Philippine laws. If the 120 days initial period is exceeded and no such declaration is made because the seafarer requires further medical attention, then the temporary total disability period may be extended up to a maximum of 240 days, subject to the right of the employer to declare within this period that a permanent partial or total disability already exists. The seaman may of course also be declared fit to work at any time such declaration is justified by his medical condition.[35] (Citations omitted and italics in the original) elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61899 4/12

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