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All other claims are dismissed for lack of merit. Manila, February 19, 2016.
SO ORDERED."[22]
Petitioners moved for the reconsideration of the Decision, but the Panel of Voluntary
Arbitrators denied it in a Resolution dated May 20, 2016.
Petitioners filed a Petition for Review (under Rule 43 of the Revised Rules of Court) with
Prayer for the Issuance of a Writ of Preliminary Injunction and/or Temporary Retraining
Order[23] with the CA.
Ruling of the CA
In the petition for review under Rule 43 of the Rules of Court with the CA, petitioners
raised the following grounds for the latter's consideration, to wit:
I.
WHETHER THE [PANEL OF VOLUNTARY ARBITRATORS] ERRED IN AWARDING
DISABILITY
BENEFITS
TO
RESPONDENT
IN
THE
AMOUNT
OF
US$159,914.00; and
II.
WHETHER THE [PANEL OF VOLUNTARY ARBITRATORS] ERRED IN AWARDING
SICKNESS ALLOWANCES, AND 10% OF THE TOTAL JUDGMENT AWARD AS
AND FOR ATTORNEY'S FEES.[24]
On March 7, 2017, the CA rendered the assailed Decision[25] affirming the findings of
the Panel of Voluntary Arbitrators that respondent should be considered as permanently
and totally disabled. The dispositive portion of the Decision reads:
WHEREFORE, premises considered and subject to the above disquisitions,
the petition is hereby PARTLY GRANTED. The Decision dated February 19,
2016 and Resolution dated May 20, 2016 of the National Conciliation and
Mediation Board Panel of Voluntary Arbitrators in MVA-091-RCMB-NCR-07102-07-2015 are accordingly AFFIRMED with MODIFICATION such that
petitioners are now ordered to pay respondent Jose Elizalde B. Zanoria the
amount of US$ 60,000.00 (US$ 50,000 x 120%) payable in its peso
equivalent at the time of payment as permanent disability benefits instead
of US$159,914.00. The rest of the February 19, 2016 Decision stands.
SO ORDERED.[26]
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