6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly grounds: I. xxx PETITIONER [WAS] RENDERED TOTALLY UNFIT AS [A] SEAFARER IN ANY CAPACITY DUE TO WORK RELATED AND WORK AGGRAVATED ILLNESSES ENTITLING HIM TO FULL DISABILITY COMPENSATION UNDER THE CBA. II. THAT THE DECISION OF THE HONORABLE NLRC AFFIRMING THE DECISION OF THE LABOR ARBITER IS JUDICIOUS AND MERITORIOUS AS IT IS SUPPORTED BY SUBSTANTIAL EVIDENCE.[10] The Court's Ruling The Court resolves to grant the petition. Entitlement of seamen on overseas work to disability benefits is a matter governed, not only by medical findings, but by law and by contract. The material statutory provisions are Articles 191 to 193 under Chapter VI (Disability Benefits) of the Labor Code, in relation with Rule X of the Rules and Regulations Implementing Book IV of the Labor Code. By contract, the POEA-SEC, as provided under Department Order No. 4, series of 2000 of the Department of Labor and Employment, and the parties' CBA bind the seaman and his employer to each other.[11] Section 20 (B), paragraph 6 of the 2000 POEA-SEC[12] reads: Section 20-B. Compensation and Benefits for Injury or Illness. The liabilities of the employer when the seafarer suffers work-related injury or illness during the term of his contract are as follows: xxxx 6. In case of permanent total or partial disability of the seafarer caused by either injury or illness the seafarer shall be compensated in accordance with the schedule of benefits enumerated in Section 32 of this Contract. Computation of his benefits arising from an illness or disease shall be governed by the rates and the rules of compensation applicable at the time the illness or disease was contracted, xxx For disability to be compensable under Section 20 (B) of the 2000 POEA-SEC, two elements must concur: (1) the injury or illness must be work-related; and (2) the workelibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61708 4/9

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