1/5/2021 E-Library - Information At Your Fingertips: Printer Friendly WHEREFORE, PREMISES CONSIDERED, judgment is rendered ordering respondents, jointly and severally to pay complainant Sixty Thousand U.S. Dollars (U.S. $60,000.00) or its peso equivalent at the time of payment, plus 10% of the total award as attorney's fees. All other claims are dismissed for lack of merit. SO ORDERED. Undaunted, the respondents appealed to the NLRC. The Ruling if the NLRC On April 23, 2014, the NLRC promulgated a Decision[16] affirming the Labor Arbiter's ratiocination. The NLRC echoed the Labor Arbiter's findings that the petitioner was not restored to his pre-injury condition and his injury made him unable to perform his customary work as a seafarer. Moreover, the NLRC ruled that while it has been held that failure to resort to a third doctor will render the company doctor's diagnosis controlling, it is not the automatic consequence. The NLRC explained that resort to a third doctor is merely directory and not mandatory.[17] It disposed the case as follows: WHEREFORE, premises considered, the appeal is hereby DENIED and the assailed Decision affirmed. SO ORDERED.[18] Subsequently, the respondents filed a motion for reconsideration which was denied by the NLRC. Aggrieved, the respondents filed a petition for certiorari under Rule 65 of the Rules of Court before the CA. The Ruling of the CA On June 10, 2015, the CA promulgated the assailed Decision[19] granting the petition and reversing the NLRC's ruling, to wit: WHEREFORE, premises considered, the instant Petition for Certiorari is GRANTED such that the assailed decision and resolution dated 23 April 2014 and 16 June 2014 respectively, both rendered by the National Labor Relations Commission Sixth Division are hereby REVERSED and SET ASIDE. Private respondent Jherome G. Abundo is awarded US$10,075.00 or its Philippine Peso equivalent as his disability benefit. Lastly, the prayer for temporary restraining order and/or preliminary injunction is DENIED for being moot. SO ORDERED.[20] https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65828 4/15