1/5/2021 E-Library - Information At Your Fingertips: Printer Friendly records. Issue The main issue in the case at bar is whether Buico is entitled to the award of total and permanent disability benefits. The Court's Ruling The instant Petition is meritorious. At the outset, it is important to note that a Rule 45 review by this Court in labor cases generally does not delve into factual questions or to an evaluation of the evidence submitted by the parties.[34] However, one exception to this rule is when the judgment is based on a misapprehension of facts.[35] Such exception applies in the instant case because, contrary to the findings of the NLRC and the CA, the company-designated physician had issued a final, accurate, and precise disability grading within the prescribed statutory periods. Hence, Buico is no entitled to the award of total and permanent disability benefits. It is settled that the seafarer's entitlement to disability benefits is governed by law, the parties' contracts, and by medical findings. Since Buico was employed in 2013, the procedure to be observed in claiming disability benefits is outlined in Section 20(A) of the 2010 POEA-SEC, as follows: SECTION 20. COMPENSATION AND BENEFITS A. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS The liabilities of the employer when the seafarer suffers work-related injury or illness during the term of his contract are as follows: xxxx 2. x x x However, if after repatriation, the seafarer still requires medical attention arising from said injury or illness, be shall he so provided at cost to the employer until such time he is declared fit or the degree of his disability has been established by the company-designated physician. 3. In addition to the above obligation of the employer to provide medical attention, the seafarer shall also receive sickness allowance from his employer in an amount equivalent to his basic wage computed from the time he signed off until he is declared fit to work or the degree of disability has been assessed by the company-designated physician. The period within which the seafarer shall be entitled to his sickness allowance shall not exceed 120 days. Payment of the sickness allowance shall be made on a regular basis, but https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65874 4/10