4/29/2020
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(b) In CA-G.R. SP No. 105615, the petition is DISMISSED for lack of merit.
No costs.
SO ORDERED.[13]
In so ruling, the CA affirmed the NLRC's determination that Inocencio's cancer of the
tonsil, based on the certification of the company designated physician, Dr. Cruz, was
not work-related. This determination, the CA observed, citing NYK-Fil Ship
lvtanagement, Inc. v. Talavera,[14] was not rebutted by contrary findings. The CA also
held that the mere allegations of Inocencio on the causal relation between his work and
ailment are not substantial proof of such relation, and that the PEME before deployment
did not render Inocencio's tonsil cancer work-related either, for the PEME is not
considered exploratory enough to fully ascertain his health before deployment.
However, the CA agreed with the NLRC and ruled that Transocean and General Marine
must pay or reimburse Inocencio's medical expenses based on their offer and promise
to shoulder the medical treatment, such as the '"chemotherapy of [Inocencio], costing
[PhP] 500,000,"[15] pointing out that Inocencio, indeed, initially underwent some of the
prescribed medical procedures until Transocean and General Marine unilaterally
withdrew the payment of their obligation.
Hence, the parties filed these petitions.
The Issues
In G.R. Nos. 194490-91, Transocean, et al. raise the sole ground that:
The Honorable Court of Appeals committed grave abuse of discretion in
ordering herein petitioners [Transocean, et al.] to pay or reimburse
respondent [Inocencio's] medical expenses.[16]
On the other hand, Inocencio raises the following assignment of errors in G.R. Nos.
194518 & 194524:
1. The Honorable Court of Appeals committed a reversible error in the
questioned decision and resolution sufficient to warrant the exercise of
this Honorable Court's discretionary appellate jurisdiction. The factual
findings of the NLRC and the Court of Appeals arc not based on
substantial evidence.
2. The decisions of the Court of Appeals are contrary to applicable law
and jurisprudence.
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