6/14/2021 E-Library - Information At Your Fingertips: Printer Friendly In a Decision[28] dated October 22, 2013, the LA held that it acquired jurisdiction over the case. MMMI failed to invoke the provision requiring referral to the voluntary arbitrator which constitutes a waiver to have the claim of Alfredo referred to the voluntary arbitrators. At this late stage of the proceedings, the parties have submitted to the jurisdiction of the LA by filing their respective position papers and ignoring the grievance procedure set forth in the CBA.[29] The LA held that Alfredo's cardiovascular condition is work-related. The Philippine Overseas Employment Administration – Standard Employment Contract (POEA-SEC) does not require the attending physician to certify that the illness is work-related as it is the rules that provide for such determination. Following the conditions for compensability for the illness of cerebro vascular disease and cardiovascular events under Section 32 of the POEA-SEC, the LA found that Alfredo was subjected to strain and stress at work which could have been the cause or what could have aggravated his condition.[30] Notably, Alfredo has been in the service of MMMI for five years starting with a "clean health bill" and eventually developed the disputed illness during the term of his contract. The LA held that the work of Alfredo as messman produces strain and stress resulting in the wear and tear of the body. Further, it is enough that the employment had contributed, even in a small degree, to the development of the disease. Thus, even if his ailment occurred prior to his employment, this would still not deprive him of compensation benefits.[31] Finally, the LA held that Alfredo was unable to return to work for more than 120 days since his repatriation. This entitles him to payment of permanent and total disability benefits. Under the CBA, the LA awarded US$90,882.00 and 10% attorney's fees.[32] Ruling of the National Labor Relations Commission MMMI filed an appeal with the NLRC which was dismissed in a Decision[33] dated February 28, 2014. The NLRC agrees with the LA that there is no lack of jurisdiction over the case and that Alfredo's illness is work-related.[34] Ruling of the Court of Appeals Unsatisfied with the Decision of the NLRC, MMMI filed a Petition for Certiorari[35] under Rule 65 of the Rules of Court with the CA. In the assailed Decision[36] dated March 31, 2016, the CA granted MMMI's petition and reversed and set aside the Decision of the labor tribunal.[37] The CA maintains that the NLRC had jurisdiction over the disability claims and not the voluntary arbitrators. While Alfredo supplied a copy of the ITF Standard Collective Agreement, the CA held that it does not prove that it is the same CBA governing the parties. The document presented did not bear the names or signatures of the authorized signatories of the company. The provision of law on arbitration for disputes was also not pointed out to the CA. Thus, following the case EYana v. Philippine Transmarine Carrier, Inc.,[38] the CA held that the CBA is inexistent for failure to prove the same. The provisions of the POEA-SEC shall govern. In which case, the NLRC has jurisdiction over the dispute.[39] https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66856 3/12

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