5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly Petitioners appealed to the National Labor Relations Commission (NLRC). On September 22, 2008, the NLRC rendered its Decision[20] granting petitioners’ appeal and reversing the Labor Arbiter’s April 30, 2007 Decision, thus: WHEREFORE, the appeal is GRANTED. The Labor Arbiter’s Decision dated April 30, 2007 is hereby SET ASIDE. SO ORDERED.[21] Respondent moved for reconsideration, but in a November 27, 2008 Resolution,[22] the motion was denied. In reversing the Labor Arbiter, the NLRC declared that respondent’s illness – atherosclerosis/coronary artery disease – was not work-connected. Thus, it held: Medical studies show that atherosclerosis is a disease affecting arterial blood vessels. It is commonly referred to as a “hardening” or “furring” of the arteries. It is caused by the formation of multiple plaques within the arteries. It develops from low-density lipoprotein cholesterol (LDL), colloquially called “bad cholesterol”. It typically begins in early adolescence and is usually found in most major arteries, yet is asymptomatic and not detected by most diagnostic methods during life. Some risk factors for atherosclerosis are: advanced age, having diabetes or impaired glucose tolerance, dysliporproteinemia or unhealthy patterns of serum proteins carrying fats and cholesterol, male sex, tobacco smoking, having high blood pressure, being obese, a sedentary lifestyle, having close relatives who have had some complication[s] of atherosclerosis, elevated serum level of triglycerides, elevated serum insulin levels, stress or symptoms of clinical depression and hyperthyroidism x x x.[23] Ruling of the Court of Appeals In a Petition for Certiorari filed with the CA, respondent sought a reversal of the NLRC Decision, arguing that the latter committed grave abuse of discretion and gross error in declaring that his illness was not work-related and in subsequently denying his claims. On April 20, 2010, the CA issued the assailed Decision containing the following decretal portion: WHEREFORE, the instant petition is GRANTED. The assailed Decision dated September 22, 2008 and Resolution dated November 27, 2008 of public respondent National Labor Relations Commission (“NLRC”), Third Division, in NLRC LAC NO. OFW (M) 08-000086-07, are REVERSED and SET ASIDE for elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56669 6/14