4/9/2020 E-Library - Information At Your Fingertips: Printer Friendly Decision. Tomacruz’s Motion for Reconsideration[20] was likewise dismissed by the NLRC on March 10, 2006 for lack of merit.[21] Via a Rule 65 petition for certiorari,[22] Tomacruz elevated his case to the Court of Appeals based on the sole ground that: PUBLIC RESPONDENT COMMITTED GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK [OR] IN EXCESS OF ITS JURISDICTION IN NOT GRANTING THE PETITIONER’S CLAIM FOR DISABILITY BENEFITS.[23] In his petition, docketed as CA-G.R. SP No. 94561, Tomacruz outlined the events and correspondences that he believed supported his case. He alleged that the declaration of the company-designated physician that he was fit to work was not worthy of belief as it was self-serving and biased. He also claimed that this was not in accordance with the result of the ultrasound conducted on him on July 24, 2003, the day before he was declared fit to work, which states: INTERPRETATION Follow-up to the previous study dated July 1, 2003 shows the following findings. The right kidney measures 10.0 x 5.1 x 4.1 cm (LWH) with a cortical thickness of 1.5 cm, while the left kidney measures 11.8 x 5.2 x 6.4 cm (LWH) with a cortical thickness of 1.9 cm. There is no significant interval change in the status of the previously noted lithiases in the right mid-pericalyceal area, measuring 0.4 cm, and the one in the left lower calyx, likewise measuring 0.4 cm. A hypoechoic fluid focus is noted outlining the left perirenal area, with an approximate volume of 36cc. The renal parenchyma demonstrates homogenous echopattern with no focal lesion seen. The central echo complexes are dense and compact with no ectasia or lithiasis seen. IMPRESSION: UNCHANGED FINDING OF RIGHT MID-PERICALYCEAL AND LEFT LOWER CACYCEAL LITHIASES SINCE THE PREVIOUS STUDY OF 07-01-03. MILD LEFT SIDED SUBSCAPSULAR FLUID COLLECTION, PROBABLY A HEMATOMA. FOLLOW-UP IS SUGGESTED.[24] elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55083 4/15