8/27/2020
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SECTION 20. COMPENSATION AND BENEFITS
A. 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 [t]his Contract. Computation of his
benefits arising from an illness or disease shall be governed by the
rates and the rules of compensation applicable at the time the illness
or disease was contracted.
The disability shall be based solely on the disability gradings
provided under Section 32 of this Contract, and shall not be
measured or determined by the number of days a seafarer is
under treatment or the number of days in which sickness
allowance was paid. (Additional emphasis and underscoring
supplied)
The CA was therefore correct in awarding to petitioner disability benefits under the
POEA-SEC corresponding to a Grade 8 disability rating, which is Sixteen Thousand
Seven Hundred Ninety-Five US Dollars (US$16,795.00).
WHEREFORE, premises considered, the Petition is DENIED. The Decision dated
December 16, 2015 and Resolution dated June 16, 2016 of the Court of Appeals in CAG.R. SP No. 136290 are AFFIRMED.
SO ORDERED.
Carpio, (Chairperson), Perlas-Bernabe, J. Reyes, Jr., and Lazaro-Javier, JJ., concur.
* Macario is also stated as "Acario" while Dela Peña also appears as "Dela Pena" in
some parts of the records.
[1]
Rollo, pp. 27-56, excluding Annexes.
[2]
Id. at 62-71. Penned by Associate Justice Manuel M. Barrios and concurred in by
Associate Justices Rodil V. Zalameda and Victoria Isabel A. Paredes.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65520
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