8/27/2020 E-Library - Information At Your Fingertips: Printer Friendly grave abuse of discretion by disregarding evidence material to the controversy. To make this finding, the Court of Appeals necessarily has to look at the evidence and make its own factual determination. In the same manner, this Court is not precluded from reviewing the factual issues when there are conflicting findings by the Labor Arbiter, the NLRC and the Court of Appeals.[60] (Citations omitted) Here, despite the factual and evidentiary issues involved, the Court of Appeals correctly made its own factual determination in resolving respondents' Petition for Certiorari. Contrary to petitioner's assertion, the Court of Appeals can have a factual finding, even if it is contrary to the findings of the Labor Arbiter and the National Labor Relations Commission.[61] Hence, we proceed to resolve the substantial issues of this case. II The entitlement of an overseas seafarer to disability benefits is governed by law, the employment contract, and the medical findings.[62] The POEA Standard Employment Contract, which prescribes the procedure in recovering compensation from occupational hazards, is deemed incorporated in every seafarer's employment contract.[63] The POEA Standard Employment Contract provides that the company-designated physician is responsible for determining a seafarer's disability grading or fitness to work.[64] Conformably, it outlines the procedure when the seafarer contests the company-designated physician's findings and assessment. Section 20 of the POEA Standard Employment Contract states: 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: .... 3. In addition to the above obligation of the employer to provide medical attention, the seafarer shall also receive sickness allowance from his employer in an amount equivalent to his basic wage computed from the time he signed off until he is declared fit to work or the degree of disability has been assessed by the company-designated physician. The period within which the seafarer shall be entitled to his sickness allowance shall not exceed 120 days. Payment of the sickness allowance shall be made on a regular basis, but not less than once a month. The seafarer shall be entitled to reimbursement of the cost of medicines prescribed by the company-designated physician. In case treatment of the seafarer is on an out-patient basis as determined by the companyhttps://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65396 7/20