6/5/2020
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court's ruling:
I. WHETHER OR NOT THERE IS REVERSIBLE ERROR IN THE COURT OF
APPEALS' DECISION GRANTING THE PETITION FOR CERTIORARI OF THE
RESPONDENTS
II. WHETHER OR NOT THERE IS REVERSIBLE ERROR IN THE COURT OF
APPEALS' DECISION REVERSING AND SETTING ASIDE THE DECISION OF
THE NATIONAL LABOR RELATIONS COMMISSION THAT THE AILMENT OF
THE PETITIONER IS WORK-RELATED AND THEREFORE COMPENSABLE
III. WHETHER OR NOT THERE IS REVERSIBLE ERROR IN THE COURT OF
APPEALS' DECISION WHICH DISREGARD THE LATEST
MEDICAL
CERTIFICATION OF THE RESPONDENTS' DESIGNATED PHYSICIAN THAT
THE AILMENT OF THE PETITIONER IS WORK-RELATED
IV. WHETHER OR NOT THERE IS REVERSIBLE ERROR IN THE COURT OF
APPEALS' DECISION THAT RESPONDENT IS NOT ENTITLED TO DISABILITY
BENEFITS BECAUSE HE HAS ALREADY FINISHED HIS CONTRACT OF
EMPLOYMENT[11]
We impale the foregoing into the sole issue of whether petitioner is entitled to disability
benefits.
We answer in the negative and deny the petition.
Petitioner claims disability benefits for a work-related injury or illness during the term
of his contract. Petitioner asseverates that his illness of "Lumbar Spondylosis" is workrelated given that he experienced such while on board respondents' vessel in 1999,
albeit he was given a "fit to work" certification effective for two (2) years from year
2000. He then points out that during his last employment contract from July 2001 to
April 2002, his illness worsened and became aggravated resulting in a diagnosis of
"herniated disc L3-L4 and L4-L5." We note, however, that petitioner only vaguely refers
to the specifics of what transpired after he signed-off from respondents' vessel in April
2002, although it is this last employment contract on which petitioner bases his claim
for disability benefits:
12. After the completion of his contract of employment for the period
covering 7 July 2001 to April 2002, [petitioner] underwent another medical
examination with the hope that he can be re [-] deployed again come July
2002 until April 2003. However, he was declared "unfit to work" by the
Seamen's Hospital when the result of the medical examinations was
released. His ailment of "Lumbar Spondylosis" further aggravated and he
was diagnosed to have herniated disc L3-L4 and L4-L5. Copy of the result or
interpretation of the CT scan of [petitioner] is hereto attached and marked
as Annex "B". The Medical Certification issued by the Seamen's Hospital
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60102
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