6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly Agency (POEA-SEC), only essential hypertension is listed as an occupational disease and petitioner's hypertension was never classified to be essential. Unconvinced by the findings of Dr. Jacinto, the CA found the findings of the company physicians more credible, thus, denying petitioner's claim for disability benefits. Petitioner filed a Motion for Reconsideration, but it was denied in the CA Resolution[36] dated April 3, 2014. Hence, the present petition assigning the following errors: I THAT THE HONORABLE COURT OF APPEALS HAS COMMITTED CLEAR AND PALPABLE ERROR AND GRAVE ABUSE OF DISCRETION IN REVERSING THE JUDICIOUS FINDING OF FACTS AND CONCLUSION OF THE HONORABLE PUBLIC RESPONDENT (sic) NLRC. II THAT THE HONORABLE COURT OF APPEALS HAS COMMITTED PALPABLE ERROR AND GRAVE ABUSE OF DISCRETION WHEN IT SWALLOWED HOOK, LINE AND SINKER THE BASELESS AND SPECULATIVE ASSERTION OF THE COMPANY-DESIGNATED PHYSICIAN ALLEGING THAT [PETITIONER'S] ILLNESS OF HYPERTENSION IS ALLEGEDLY NOT WORK-RELATED OR WORKAGGRAVATED, ALTHOUGH [PETITIONER] WAS EMPLOYED BY [RESPONDENTS] CONSISTENTLY AND CONTINUOUSLY WITHOUT INTERRUPTION STARTING IN 1989 AND THAT PRIOR TO HIS DEPLOYMENT HE WAS FOUND TO BE FIT FOR WORK. III THAT THE HONORABLE COURT OF APPEALS HAS COMMITTED PALPABLE ERROR AND GRAVE ABUSE OF DISCRETION WHEN IT DID NOT UPHELD (sic) THE MAXIMUM CURE PERIOD OF A MEDICALLY-REPATRIATED SEAFARER PROVIDED FOR UNDER THE POEA STANDARD EMPLOYMENT CONTRACT WHICH IS FOR A PERIOD NOT EXCEEDING 120 DAYS AND THEREFORE THE CONTENTION OF THIS HONORABLE COURT THAT THE 240 DAYS SHALL BE NECESSARY IS CERTAINLY VIOLATIVE OF THE PROVISIONS OF THE POEA STANDARD EMPLOYMENT CONTRACT WHICH IS THE LAW BETWEEN [PETITIONER] AND [RESPONDENTS]. IV THAT THE HONORABLE COURT OF APPEALS HAS COMMITTED PALPABLE ERROR AND GRAVE ABUSE OF DISCRETION WHEN IT DID NOT DISMISS THE PETITION OF RESPONDENTS ALTHOUGH IT IS ALREADY CONSIDERED MOOT AND ACADEMIC CONSIDERING THAT THE JUDGMENT AWARD OF THIS CASE WAS ALREADY FULLY SETTLED BY RESPONDENTS BEFORE THE HONORABLE LABOR ARBITER A QUO.[37] elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63251 4/14

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