6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly In précis, the Court is compelled to reinstate the LA and NLRC's ruling granting Balatero permanent total disability compensation, and set aside the CA's disquisition that only benefits pertaining to Grade 7 Disability Rating should be awarded on the basis of the following: (1) Dr. Lara-Orencia's ample explanation on how she had arrived at a permanent total disability assessment; (2) the recommendations of DOH A.O. No. 2007-0025 on the issuance of fit-to-work certificates; and (3) jurisprudence granting permanent total disability compensation to seafarers suffering from hypertensive cardiovascular diseases, who were either under the treatment of, or issued fit-to-work certifications by company-designated doctors beyond 120 or 240 days from their repatriation. Anent Balatero's claims for moral and exemplary damages, the Court finds no grounds to disturb the uniform conclusion of the LA, NLRC and CA that the respondents' acts did not evince bad faith. Balatero was paid his sickness allowance and his medical expenses were likewise shouldered by the respondents. As for Balatero's claim for attorney's fees, the LA and NLRC had granted the same, but which the CA later reversed. Since Balatero had been compelled to litigate due to the respondents' denial of his valid claims, the Court accordingly reinstates the award.[71] Other matters On the ground of mootness, the Court perceives no necessity to address the rest of the issues raised by Balatero. Pending the proceedings before the CA, the respondents had conditionally paid Balatero the amount of US$66,000.00, with the provision that in case of a reversal of the NLRC's judgment by the CA or SC, the sum shall be returned.[72] There is no more amount due and owing to Balatero, which Aaron and Bonoan, as corporate officers of SCMI, may be held responsible for. As to what matters may be raised in a litigant party's MR, the Court, finding the LA and NLRC's conclusions adverse to those of the CA's, had already reconsidered all the parties' allegations despite their being mere reiterations of those proffered in the proceedings below. WHEREFORE, the petition is PARTIALLY GRANTED. The Court SETS ASIDE the Decision and Resolution, dated February 4, 2016 and May 2, 2016, respectively, of the Court of Appeals, in CA-G.R. SP No. 142095, which ordered Senator Crewing (Manila), Inc. and Aquanaut Shipmanagement Ltd. to solidarily pay Constancio Caderao Balatero the sum of US$20,900.00 as compensation corresponding to Grade 7 Disability Rating. Accordingly, the Court REINSTATES the Decision dated December 29, 2014, of the Labor Arbiter in NLRC NCR OFW Case No. (M) 07-09272-14, which was affirmed by the National Labor Relations Commission in its Resolution dated June 8, 2015 in NLRC LAC No. 05-000403-15(4), awarding Constancio Caderao Balatero permanent total disability compensation of US$60,000.00, plus ten percent (10%) attorney's fees. In view of the payment of the amount of P3,019,368.00, then the equivalent of the total award of US$66,000.00, tendered to Constancio Caderao Balatero on September 29, 2015, interest shall no longer be imposed, and this judgment is already deemed SATISFIED. SO ORDERED. Velasco, Jr., (Chairperson), Bersamin, Jardeleza, and Tijam, JJ., concur. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63152 11/17