6/7/2020
E-Library - Information At Your Fingertips: Printer Friendly
III
To resolve a Rule 45 petition for review of a Court of Appeals decision on a Rule 65
petition for certiorari, the question of law that this court must determine is whether the
Court of Appeals properly determined the "presence or absence of grave abuse of
discretion."[73]
This court shall determine whether the Court of Appeals was correct in ruling that there
was grave abuse of discretion on the part of the National Labor Relations Commission
and in granting the Petition for Certiorari filed before the Court of Appeals.
Petitioner's Norwegian Collective Bargaining Agreement provides that:
Article 15 - Death and Disability Insurance
xxx xxx xxx
2. Disability:
A Seafarer who suffers injury as a result of an accident from any cause
whatsoever whilst in the employment of the Owner/Company,
regardless of fault, including accidents occurring whilst traveling to and
from the Dhip [sic] and whose ability to work is reduced as a result
thereof, shall in addition to his sick pay, be entitled to compensation
according to the provisions of this Agreement.[74] (Emphasis supplied)
Petitioner alleges that she "experienced profuse and consistent bleeding . . . felt
extreme dizziness and ha[d] difficulty in breathing"[75] but she never alleged any
accident that resulted to her illness. Thus, the provision in her collective bargaining
agreement is not applicable.
Considering that petitioner was hired in 2009, the 2000 POEA Standard Employment
Contract applies.
The 2000 POEA Standard Employment Contract defines work-related illness as:
Definition of Terms:
....
12. Work-Related Illness - any sickness resulting to disability or death as a
result of an occupational disease listed under Section 32-A of this contract
with the conditions set therein satisfied.
Section 20(B) of the Standard Employment Contract provides:
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61719
8/26