7/7/2021 E-Library - Information At Your Fingertips: Printer Friendly Accordingly, we do not re-examine conflicting evidence, re-evaluate the credibility of witnesses, or substitute the findings of fact of the NLRC, an administrative body that has expertise in its specialized field. Nor do we substitute our "own judgment for that of the tribunal in determining where the weight of evidence lies or what evidence is credible." The factual findings of the NLRC, when affirmed by the CA, are generally conclusive on this Court. Nevertheless, there are exceptional cases where we, in the exercise of our discretionary appellate jurisdiction, may be urged to look into factual issues raised in a Rule 45 petition. For instance, when the petitioner persuasively alleges that there is insufficient or insubstantial evidence on record to support the factual findings of the tribunal or court a quo, as Section 5, Rule 133 of the Rules of Court states in express terms that in cases filed before administrative or quasijudicial bodies, a fact may be deemed established only if supported by substantial evidence.[25] (Emphasis in the original, citation omitted) In the instant case, this Court holds and so rules that it is necessary to examine the records to determine whether the findings of the Labor Arbiter and the NLRC are supported by substantial evidence. Entitlement to disability benefits by seamen on overseas work is a matter governed, not only by medical findings but also by law and by contract. The material statutory provisions are Articles 197-199 (formerly Articles 191 to 193) under Chapter VI (Disability Benefits), Book IV of the Labor Code, in relation to Rule X of the Rules and Regulations Implementing Book IV of the Labor Code. By contract, Department Order No. 4, series of 2000 of the Department of Labor and Employment or the POEA-SEC (the governing POEA-SEC at the time the petitioners employed respondent in 2008), and the parties' Collective Bargaining Agreement, bind the relationship between the seaman and his employer. Section 20(B), paragraph 6 of the 2000 POEA-SEC 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 rules of compensation applicable at the time the illness or disease was contracted. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66977 5/14