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[8] Respondents' Position Paper, id. at 65, 71.
[9] CA Decision, id. at 142.
[10] Id. at 81.
[11] "Clinical Data Rationalizing Recommendation of Impediment Grade IV (68.66%) for
Seaman Joelson O. Iloreta," id. at 82 (underscoring and emphasis supplied).
[12] Id. at 95-96.
[13] Id. at 96-97.
[14] Id. at 103.
[15] Penned by Associate Justice Rosmari D. Carandang with Associate Justices Marina
L. Buzon and Mariflor P. Punzalan Castillo concurring, id. at 140-148.
[16] CA Decision, id. at 146-147.
[17] Id. at 157.
[18] Id. at 173-174 (emphasis and underscoring supplied).
[19] Section 3, Article XIII of the 1987 Constitution; Remigio v. National Labor Relations
Commission, G.R. No. 159887, April 12, 2006, 487 SCRA 190, 206-211; Austria v.
Court of Appeals, Phil. 926, 933.
[20] Philimare, Inc./Marlow Navigation Co., Ltd. v. Suganob, G.R. No. 168753, July 9,
2008, 557 SCRA 438, 448.
[21] Supra, note 19.
[22] Id. at 207, 209-211.
[23] Par. 20.1.4.2 of the parties' CBA provides: "The degree of disability which the
Employer, subject to this Agreement, is liable to pay shall be determined by a doctor
appointed by the Employer. If a doctor appointed by the seafarer and his Union
disagrees with the assessment, a 3rd doctor may be agreed jointly between the
Employer and the seafarer and his Union. And the 3rd doctor's decision shall be final
and binding on both parties (underscoring and emphasis supplied). Section 20.B.3 of
the POEA Standard Employment Contract for Seaman has a similar provision.
[24] Paragraphs 20.1.4.4 and 20.1.5 of the parties' CBA (underscoring and emphasis
supplied).
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