6/7/2020
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Agency (POEA-SEC), only essential hypertension is listed as an occupational disease
and petitioner's hypertension was never classified to be essential. Unconvinced by the
findings of Dr. Jacinto, the CA found the findings of the company physicians more
credible, thus, denying petitioner's claim for disability benefits.
Petitioner filed a Motion for Reconsideration, but it was denied in the CA Resolution[36]
dated April 3, 2014.
Hence, the present petition assigning the following errors:
I
THAT THE HONORABLE COURT OF APPEALS HAS COMMITTED CLEAR AND
PALPABLE ERROR AND GRAVE ABUSE OF DISCRETION IN REVERSING THE
JUDICIOUS FINDING OF FACTS AND CONCLUSION OF THE HONORABLE
PUBLIC RESPONDENT (sic) NLRC.
II
THAT THE HONORABLE COURT OF APPEALS HAS COMMITTED PALPABLE
ERROR AND GRAVE ABUSE OF DISCRETION WHEN IT SWALLOWED HOOK,
LINE AND SINKER THE BASELESS AND SPECULATIVE ASSERTION OF THE
COMPANY-DESIGNATED PHYSICIAN ALLEGING THAT [PETITIONER'S]
ILLNESS OF HYPERTENSION IS ALLEGEDLY NOT WORK-RELATED OR WORKAGGRAVATED,
ALTHOUGH
[PETITIONER]
WAS
EMPLOYED
BY
[RESPONDENTS]
CONSISTENTLY
AND
CONTINUOUSLY
WITHOUT
INTERRUPTION STARTING IN 1989 AND THAT PRIOR TO HIS DEPLOYMENT
HE WAS FOUND TO BE FIT FOR WORK.
III
THAT THE HONORABLE COURT OF APPEALS HAS COMMITTED PALPABLE
ERROR AND GRAVE ABUSE OF DISCRETION WHEN IT DID NOT UPHELD (sic)
THE MAXIMUM CURE PERIOD OF A MEDICALLY-REPATRIATED SEAFARER
PROVIDED FOR UNDER THE POEA STANDARD EMPLOYMENT CONTRACT
WHICH IS FOR A PERIOD NOT EXCEEDING 120 DAYS AND THEREFORE THE
CONTENTION OF THIS HONORABLE COURT THAT THE 240 DAYS SHALL BE
NECESSARY IS CERTAINLY VIOLATIVE OF THE PROVISIONS OF THE POEA
STANDARD EMPLOYMENT CONTRACT WHICH IS THE LAW BETWEEN
[PETITIONER] AND [RESPONDENTS].
IV
THAT THE HONORABLE COURT OF APPEALS HAS COMMITTED PALPABLE
ERROR AND GRAVE ABUSE OF DISCRETION WHEN IT DID NOT DISMISS
THE PETITION OF RESPONDENTS ALTHOUGH IT IS ALREADY CONSIDERED
MOOT AND ACADEMIC CONSIDERING THAT THE JUDGMENT AWARD OF
THIS CASE WAS ALREADY FULLY SETTLED BY RESPONDENTS BEFORE THE
HONORABLE LABOR ARBITER A QUO.[37]
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63251
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