G.R. No. 168716 3 of 11 http://sc.judiciary.gov.ph/jurisprudence/2009/april2009/168716.htm Commission (NLRC). [14] Because respondent was a registered member of the Associated Marine Officers and Seamans Union of the Philippines (AMOSUP), the NLRC referred the [15] complaint to the National Conciliation and Mediation Board (NCMB) on May 6, 2003. In his position paper, respondent claimed that, while sleeping during his rest hours on March 9, 2002, he was suddenly awakened by his officer who hit him on the head. He was so traumatized by the incident that thereafter, he lost his appetite, vomited incessantly and experienced severe nervousness. He claimed to be entitled to disability compensation under Article 12 of the Collective Bargaining Agreement (CBA) between AMOSUP and the Norwegian Shipowners Association which provides: ARTICLE 12 DISABILITY COMPENSATION If a seafarer due to no fault of his own, suffers injury as a result of an accident while serving on board or while traveling to or from the vessel on the companys business or due to marine peril, and as a result his ability to work is permanently reduced, totally or partially, the Company shall pay him a disability compensation which including the amounts stipulated by the [Philippine Overseas Employment Agencys] rules and regulation shall be maximum: Radio officers, chief stewards, electricians, electro technicians US $90,000 Ratings US $70,000 The disability compensation shall be calculated on the basis of the POEAs schedule of disability or impediment for injuries at a percentage recommended by a doctor authorized by the Norwegian authorities for the medical examination of seafarers. The company shall take out the necessary insurance to cover the benefits mentioned above. Coverage arranged with P & I Club recognized by the Norwegian authorities will meet these requirements. (emphasis supplied) Petitioners, on the other hand, asserted that in the absence of proof his depression was caused by an accident, respondent was not entitled to disability and medical benefits under Article 12 of the CBA. Instead, he was only entitled to the 120-day sick pay provided under Article 10 of the CBA which provides: ARTICLE 10 SICKNESS AND INJURY 1/27/2016 2:08 PM