6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly I THE COURT OF APPEALS ERRED IN REVERSING AND SETTING ASIDE THE JUDGMENT OF BOTH THE LABOR ARBITER A QUO AND THE NLRC FINDING PETITIONER TO BE ENTITLED, AMONG OTHERS, TO DISABILITY BENEFITS IN THE AMOUNT OF US$60,000.00 UNDER THE PERTINENT PROVISIONS OF THE CBA. II THE COURT OF APPEALS ERRED IN DISREGARDING THE FINDINGS OF THE PETITIONER'S INDEPENDENT PHYSICIAN AND IN UPHOLDING INSTEAD THE OPINION OF THE RESPONDENTS' "OTHER COMPANY-DESIGNATED PHYSICIAN." III IN ANY EVENT AND EVEN IF THE OPINION OF THE COMPANY DESIGNATED PHYSICIAN WAS CORRECTLY UPHELD BY THE COURT OF APPEALS, STILL, PETITIONER'S DISABILITY SHOULD BE CONSIDERED AS TOTAL AND PERMANENT IN ACCORDANCE WITH THE RULING OF THE HONORABLE COURT IN THE RECENT CASE OF CRYSTAL SHIPPING INC., A/S STEIN LINE BERGEN VS. DEO P. NATIVIDAD, G.R. NO. 154798, OCTOBER 20, 2005.[21] Petitioner assails the CA's finding which gave credence to the disability grading on petitioner's sickness accorded by Dr. Alegre, the company-designated physician, over that of Dr. Vicaldo's, petitioner's private physician, which involves a factual inquiry. Elementary is the principle that we are not a trier of facts; only errors of law are generally reviewed in petitions for review on certiorari criticizing decisions of the Court of Appeals.[22] Questions of fact are not entertained.[23] And in labor cases, this doctrine applies with greater force.[24] Factual questions are for labor tribunals to resolve.[25] However, since the findings of the LA and the NLRC, on one hand, and the Court of Appeals, on the other, are conflicting, we have to resolve the factual issues in this case together with the legal Issues. When the parties entered into a contract of overseas employment on October 21, 1999, the provisions of the Philippine Overseas Employment Authority Standard Terms and Conditions Governing the Employment of Filipino Seafarers On-Board the Ocean-Going Vessels is deemed written in his contract of employment. And these provisions are those prescribed in POEA Memorandum Circular No. 055-96 and DOLE Department Order No. 33, series of 1996. Section 20-B of the 1996 POEA Standard Employment Contract provides: Section 20-B. Compensation and Benefits for Injury or Illness. - The liabilities of the employer when the seafarer suffers injury or illness during elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61060 5/12