G. R. No. 179177
http://sc.judiciary.gov.ph/jurisprudence/2009/july2009/179177.htm
WHEREFORE, premises considered, the instant Petition is GRANTED. The
assailed Decision dated 27 September 2006 and Resolution 10 August 2006 of the Court of
Appeals in CA-G.R. SP No. 87562 are REVERSED and SET ASIDE. The Decision dated
23 July 2003 of the Labor Arbiter, as amended by the Order dated 30 September 2003, in
NLRC OFW Case No. (M) 03-01-0159-00 is AFFIRMED with MODIFICATION.
Respondents Sea Serve Maritime Agency and Khalifa A. Algosaibi Diving and Marine
Services are hereby ordered to jointly and severally pay petitioner Carlos N. Nisda the
amount of US$65,748.00 representing his disability pay amounting to US$60,000.00 and
sickness allowance of US$5,748.00. The 10% attorney's fee is that was awarded by the
Labor Arbiter shall be maintained but must reflect the modified amount of the monetary
award and is to be deducted from the same.
SO ORDERED.
MINITA V. CHICO-NAZARIO
Associate Justice
WE CONCUR:
CONSUELO YNARES-SANTIAGO
Associate Justice
Chairperson
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