4/10/2020 E-Library - Information At Your Fingertips: Printer Friendly LISI seeks the reversal and setting aside of the CA’s assailed decision and resolution on the following grounds, to wit: I THE RESPONDENT COURT OF APPEALS COMMITTED GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR IN EXCESS OF ITS JURISDICTION WHEN IT REVERSED AND SET ASIDE THE DECISION DATED APRIL 30, 2008 AND RESOLUTION DATED JUNE 18, 2008 OF THE NATIONAL LABOR RELATIONS COMMISSION. II THE PUBLIC RESPONDENT COURT OF APPEALS SERIOUSLY ERRED WHEN IT RULED THAT THE LATE CALAWIGAN IS ENTITLED TO PERMANENT DISABILITY COMPENSATION AS HIS MODERATE HEARING LOSS IS NOT CONSIDERED AN OCCUPATIONAL DISEASE WITH A GRADE THREE (3) IMPEDIMENT PURSUANT TO SECTION 32 OF THE STANDARD TERMS AND CONDITIONS GOVERNING THE EMPLOYMENT OF FILIPINO SEAFARERS ON-BOARD OCEAN-GOING VESSELS. III THE PUBLIC RESPONDENT COURT OF APPEALS SERIOUSLY ERRED WHEN IT RULED THAT THE LATE CALAWIGAN IS ENTITLED TO SICKNESS ALLOWANCE AS HE FAILED TO SUBMIT HIMSELF TO A POST-EMPLOYMENT MEDICAL EXAMINATION BY A COMPANY DESIGNATED PHYSICIAN WITHIN THREE (3) WORKING DAYS FROM HIS DISEMBARKATION ON JUNE 6, 2006 PURSUANT TO SECTION 20B (3) OF THE STANDARD TERMS AND CONDITIONS GOVERNING THE EMPLOYMENT OF FILIPINO SEAFARERS ON-BOARD OCEAN-GOING VESSELS. IV THE PUBLIC RESPONDENT COURT OF APPEALS SERIOUSLY ERRED WHEN IT RULED THAT ALL THE ELEMENTS FOR AN OCCUPATIONAL DISEASE TO BE COMPENSABLE ARE PRESENT IN THE CASE AT BAR PURSUANT TO SECTION 32-A OF THE STANDARD TERMS AND CONDITIONS GOVERNING THE EMPLOYMENT OF FILIPINO SEAFARERS ON-BOARD OCEAN-GOING VESSELS.[23] The Court’s Ruling The petition is impressed with merit. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55413 4/11