8/20/2020 E-Library - Information At Your Fingertips: Printer Friendly In its January 31, 2013 Decision,[32] the National Labor Relations Commission dismissed the Appeal and affirmed Labor Arbiter Savari 's Decision. The National Labor Relations Commission upheld Labor Arbiter Savari's ruling that Paringit was entitled to permanent total disability benefits, his illness being workrelated and acquired during the term of his employment contract.[33] The dispositive portion of the National Labor Relations Commission Decision read: WHEREFORE, premises considered, respondent's appeal is hereby DISMISSED for lack of merit. The assailed Decision is AFFIRMED.[34] Global Gateway and Captain Flores moved for reconsideration,[35] but their Motion was denied[36] on March 27, 2013. They then filed a Petition for Certiorari[37] before the Court of Appeals. On September 11, 2014, the Court of Appeals[38] granted their Petition. The Court of Appeals faulted Paringit for choosing an alternative treatment, then demanding permanent and total disability benefits based on his doctor's assessment on his unfitness for sea duty, rather than consulting a third physician as required by law. [39] Further, the Court of Appeals noted that Paringit filed his Complaint 124 days after his medical repatriation, which was still well within the 240-day medical treatment period granted to his employer. Thus, the Complaint was premature since he had no cause of action for his claim of total and permanent disability benefits.[40] The dispositive portion of the Court of Appeals Decision read: WHEREFORE, premises considered, the instant Petition for Certiorari is GRANTED. Accordingly, the January 31, 2013 Decision and March 27, 2013 Resolution of the National Labor Relations Commission, which affirmed the Labor Arbiter's October 4, 2012 Decision, are REVERSED and SET ASIDE. The complaint filed by Oscar Paringit is hereby DISMISSED. SO ORDERED.[41] (Emphasis in the original) Paringit moved for reconsideration,[42] but the Court of Appeals denied[43] his Motion on February 24, 2015. In his Petition for Review on Certiorari,[44] petitioner Paringit assails the Court of Appeals' reversal of the labor tribunals' uniform factual findings that he was entitled to disability benefits due to his permanent and total disability.[45] elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64956 4/16

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