6/5/2020
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SO ORDERED.[32]
Hence, this petition.
The Issues
Carcedo assigned the following errors:
I
THE COURT OF APPEALS COMMITTED SERIOUS ERROR OF LAW IN NOT
AWARDING TOTAL AND PERMANENT DISABILITY BENEFITS TO THE
PETITIONER IN ACCORDANCE WITH THE COLLECTIVE BARGAINING
AGREEMENT.
II
THE HONORABLE COURT OF APPEALS COMMITTED SERIOUS ERROR OF LAW
IN DISMISSING PETITIONER’S CLAIMS FOR DAMAGES AND ATTORNEY’S
FEES.[33]
The Court’s Ruling
We grant the petition in part.
Entitlement to Disability Benefits
A contract is the law between the parties, which in this case are the CBA and the POEASEC. The CBA contains the following pertinent medical and disability provisions:
Article 25: Medical
xxxx
25.3 A seafarer repatriated to their port of engagement, unfit as a
result of sickness or injury, shall be entitled to medical
attention (including hospitalization) at the Company’s
expense:
xxxx
(b) in the case of injury, for so long as medical attention is
required or until a medical determination in accordance
with clause 28.2 concerning permanent disability.
xxxx
Article 28: Disability
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6/19