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Feeling aggrieved, both petitioner and Ernesto filed with the CA separate special civil
actions for certiorari under Rule 65 of the Rules of Court questioning the above Decision
of the NLRC.
On June 9, 2016, the CA rendered its assailed Decision with the following dispositive
portion:
WHEREFORE, premises considered, the petition of Loadstar International
Shipping Inc. in CA-G.R. S.P. No. 142689 is DENIED for lack of merit. The
petition of Yamson in CA-GR SP No. 142663 is GRANTED. The Decision
dated 25 June 2015 and Resolution dated 17 August 2015 of the NLRC are
REVERSED and SET ASIDE.
We order Loadstar International Shipping Inc. to pay Ernesto Awiten Yamson
total and permanent disability benefits in the amount of US$60,000.00 plus
ten percent (10%) thereof as attorney's fees, in Philippine currency, at the
prevailing rate of exchange at the time of payment.
SO ORDERED.[14]
Petitioner filed a Motion for Reconsideration, but the CA denied it via its Resolution of
December 1, 2016.
Hence, the present petition for review on certiorari based on the following grounds:
I
THE COURT OF APPEALS RESOLVED A QUESTION OF SUBSTANCE IN A WAY
NOT IN ACCORDANCE WITH LAW AND APPLICABLE DECISIONS OF THIS
HONORABLE COURT IN GRANTING THE PETITION FOR CERTIORARI FILED
BY RESPONDENT YAMSON AND IN THE PROCESS AWARDED US$60,000.00
REPRESENTING
TOTAL
AND
PERMANENT
DISABILITY
BENEFITS
CONSIDERING THAT:
A. YAMSON
DID
NOT
SUFFER
A
ISCHEMIC
NOR
HEMORRHAGIC STROKE WHILE IN THE EMPLOY OF
LOADSTAR INTERNATIONAL SHIPPING, INC.
THE WEAKNESS IN THE LEFT SIDE OF YAMSON'S BODY FOR
WHICH HE WAS REPATRIATED WAS CAUSED BY ISCHEMIA
OR REDUCED BLOOD FLOW TO THE BRAIN AND THIS
ISCHEMIA WAS CAUSED BY HIS ATHEROMATOUS BASAL
VESSEL DISEASE OR A NARROWING OF HIS ARTERIES.
THIS IS CONFIRMED BY THE CT SCANS CONDUCTED BOTH
BY THE PACIFIC INTERNATIONAL HOSPITAL IN PORT
MORESBY, PAPUA NEW GUINEA AND THE MANILA
DOCTOR'S HOSPITAL IN MANILA.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64139
3/14