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SECOND DIVISION
[ G.R. No. 213874, June 19, 2019 ]
JEBSENS MARITIME, INC. AND/OR STAR CLIPPERS, LTD.,
PETITIONERS, V. EDGARDO M. MIRASOL, RESPONDENT.
DECISION
CAGUIOA, J:
Before the Court is a petition for review on certiorari[1] (Petition) under Rule 45 of the
Rules of Court assailing the Decision[2] dated May 12, 2014 and Resolution[3] dated
August 14, 2014 of the Court of Appeals (CA) in CA-G.R. SP No. 133037. The CA
Decision granted the petition for certiorari and annulled the Resolutions dated June 28,
2013[4] and September 30, 2013[5] of the National Labor Relations Commission (NLRC)
in NLRC NCR Case No. OFW (M) 11-16383-12; NLRC LAC No. (OFW-M) 03-000279-13,
and awarded to respondent permanent and total disability benefits, sickness allowance,
and attorney's fees.
Facts
The factual antecedents as found by the CA, are as follows:
A Complaint dated 08 November 2012 was filed by complainant Edgardo
Malate Mirasol against respondents Jebsens Maritime, Inc., Star Clippers
Ltd., and/or Maria Theresa Lunzaga for total and permanent disability
benefits, moral and exemplary damages, four months basic wages, and
attorney's fees.
In his Position Paper dated 17 December 2012, complainant [(respondent
herein)] alleged, inter alia, that: he is entitled to total permanent disability
benefits of US$60,000.00 under the POEA Standard Employment Contract;
his illness is work-related as it was sustained in the course of his duties; said
illness was not pre-existing since he underwent the mandatory preemployment medical examination before he was employed by the
respondents, and was found to be fit and given a clean bill of health; the law
does not require that a seafarer be totally paralyzed in order to claim total
permanent disability benefits; he is entitled to moral and exemplary
damages, and attorney's fees; respondents [(petitioners herein)] must be
ordered to pay moral damages in the amount of Php500,000.00; in addition
to his sickness/loss of right testicle, he also suffered serious anxiety,
sleepless nights, wounded feelings and loss of appetite; respondents must
likewise be ordered to pay him exemplary damages of Php500,000.00; and
since it was respondents' act of refusing to pay his disability benefits which
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