8/27/2020 E-Library - Information At Your Fingertips: Printer Friendly She gave weight to the findings of Esteva's own doctors that his disability was total and permanent over that of the company-designated physician.[21] The dispositive portion of the Decision read: WHEREFORE, a decision is hereby rendered ordering respondents Wilhe[l]msen Smith Bell Manning, Inc. and Wilhe[l]msen Ship Management jointly and severally liable to pay complainant Jessie C. Esteva, US$90,000.00, in peso equivalent at the time of payment, representing the disability compensation benefit under the CBA, plus US$2,700.00 as and for sickwage allowance and ten (10%) percent of the total money claims as attorney's fees. Other claims are denied. SO ORDERED.[22] Thus, Smith Bell Manning filed before the National Labor Relations Commission a Petition for Certiorari. In its June 18, 2014 Decision, the National Labor Relations Commission affirmed the Labor Arbiter's findings and explained that Esteva was "essentially rendered permanently disabled."[23] It highlighted the company-designated physician's assessment that Esteva's treatment would take at least a year, which was beyond the maximum period of 240 days for temporary disability, and that he had lost 2/3 of his lifting power.[24] Smith Bell Manning filed a Motion for Reconsideration, which was denied in the National Labor Relations Commission July 31, 2014 Resolution.[25] Thus, Smith Bell Manning filed before the Court of Appeals a Petition for Certiorari. In its March 22, 2016 Decision,[26] the Court of Appeals annulled the judgments of the Labor Arbiter and the National Labor Relations Commission.[27] The dispositive portion of its Decision read: WHEREFORE, in view of the foregoing premises, the instant petition for certiorari is hereby GRANTED. The assailed NLRC decision and resolution are hereby ANNULLED, and a new judgment is hereby ENTERED upholding Dr. Cruz-Balbon's disability rating of Grade 8 for private respondent Jessie C. Esteva. Private respondent is also declared entitled to sickness allowance in the amount of US$2,700. Petitioners are hereby ORDERED to make the necessary payment to private respondent. SO ORDERED.[28] (Emphasis in the original) The Court of Appeals gave more weight to the assessment of the company-designated physician, Dr. Cruz-Balbon, than that of Esteva's chosen physican, Dr. Raymundo. Per the assessment, the Court of Appeals found that Esteva had a Grade 8 rating, which meant that he was only entitled to partial disability compensation, not total and permanent disability.[29] https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65396 3/20