8/27/2020 E-Library - Information At Your Fingertips: Printer Friendly compensation. Furthermore, any seafarer assessed at less than fifty percent (50%) disability but certified as permanently unfit for further sea service in any capacity by the Companynominated doctor, shall also be entitled to one hundred percent (100%) compensation. Any disagreement as to the assessment or entitlement shall be resolved in accordance with clause 28.2 above. 28.5Any payment effected under 28.1 to 28.4 above, shall be without prejudice to any claim for compensation made in law, but may be deducted from any settlement in respect of such claims.[42] (Emphasis and underscoring supplied) A reading of the foregoing shows that it only covers disabilities arising from accidents. In fact, in Fil-Star Maritime Corp. v. Rosete,[43] the Court ruled that Article 28 of the ITF-JSU/AMOSUP CBA, which also covers petitioner, is limited to injuries arising from accidents, thus: The CBA provisions on disability are not applicable to respondent's case because Article 28 thereon specifically refers to disability sustained after an accident. Article 28 of the ITF-JSU/AMOSUP CBA specifically states that: Article 28: Disability 28.1 A seafarer who suffers permanent disability as a result of an accident whilst in the employment of the Company regardless of fault, including accidents occurring while travelling to or from the ship, and whose ability to work as a seafarer as a result thereof, but excluding permanent disability due to wilful acts, shall be in addition to sick pay, be entitled to compensation according to the provisions of this Agreement. x x x[44] (Emphasis in the original) The Court likewise ruled in Island Overseas Transport Corp. v. Beja,[45] which involved the same clause 28.1, that it only covers injuries resulting from accidents. And since the seafarer's knee injury was not proven to have been the result of an accident, his disability benefits should be based on the POEA-SEC and not the CBA.[46] Following the foregoing, and given that petitioner's injury did not arise from an accident, the provisions under the POEA-SEC applies to petitioner. Section 20(A)(6) of the POEA-SEC states: https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65520 10/14