5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly granting the appeal of petitioners, and modifying the LA's Decision by deleting the award for moral and exemplary damages as well as reducing the amount of disability benefits to US$60,000.00. The dispositive portion of the NLRC Decision states: ''WHEREFORE, premises considered, the Appeal dated 18 May 2016 is PARTIALLY GRANTED. The assailed Decision dated 11 May 2016 is AFFIRMED WITH MODIFICATION . The award of moral and exemplary damages [is] DELETED. Respondents-appellants Ventis Maritime Inc., K-Line Shipmanagement Co., Ltd.. Jose Ramon Garcia and Capt. Wilfredo A. Garcia, are jointly and severally liable to pay complainant-appellee Edgardo L. Salenga, the following: 1) US$60,000.00 as total and permanent disability benefits; 2) US$2,644.00 as sickness allowance for 120 days; and 3) Attorney's fees equivalent to 10% of the total monetary award. All other claims are dismissed for lack of factual or legal basis. SO ORDERED."[19] The NLRC affirmed the factual findings of the LA and also accorded them great weight as they were supported by substantial evidence.[20] The NLRC, however, found that Salenga failed to prove bad faith on the part of petitioners to warrant the award of moral and exemplary damages.[21] Petitioners moved for reconsideration but this was denied in the NLRC's Resolution dated February 14, 2017, prompting petitioners to file a petition for; certiorari with the CA.[22] CA Decision In the assailed Decision, the CA dismissed the petition and affirmed the rulings of the NLRC. The dispositive portion of the CA Decision states: WHEREFORE, the instant petition for certiorari is DISMISSED. The assailed NLRC Decision dated December 29, 2016, and Resolution dated February 14, 2017 are hereby AFFIRMED. SO ORDERED.[23] The CA relied on the findings of the labor tribunals that the CA found to be supported by substantial evidence. The CA affirmed that Salenga's illnesses were work-related based on the medical evaluation of the company-designated physicians who found him https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66256 3/17

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