6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly 30,2007 Resolution.[11] Ruling of the Court of Appeals Aggrieved yet undeterred, petitioners filed a Petition for Certiorari[12] with theCA. In its June 18, 2010 Decision,[13] the CA held that Delfrn's Complaint was filed well within the reglementary period of three years from the date the cause of action arose, as provided for in Section 30 of the Philippine Overseas Employment Administration Standard Terms and Conditions Governing the Employment of Filipino Seafarers OnBoard Ocean-Going Vessels (POEA SEC). Nonetheless, the CA sustained the NLRC's pronouncement that petitioners are not entitled to disability compensation as they failed to establish that Delfrn's illness was work-related. According to the CA, Delfrn's illness, which is known as Malignant Peripheral Nerve Sheath Tumor (MPNST), is a type of soft tissue sarcoma that develops in cells that form a protective sheath (covering) around peripheral nerves. Peripheral nerves are those that radiate from the brain and spinal cord and stimulate the muscles. However, aside from the June 26, 2001 incident where Delfin was hit by a metal board on his back, there was no other reported incident that would reasonably connect Delfrn's ailment to his working condition. Petitioners could only offer their allegations that Delfin experienced chest pains without, however, presenting proofs in support thereof. The CA also found notable that it was only on November 13, 2003 or two years after the termination of his contract and repatriation when Delfin went to Delos Santos Medical Center for medical check-up and underwent chest x-ray and MRI of the thoracic spine. The findings of said hospital conformed to the diagnosis of St. Luke's Medical Center that Delfrn has MPNST. With regard to petitioners' claim for sickness allowance, the CA denied the same considering that Delfin's contract with respondents had long expired. It likewise denied petitioners' claim for attorney's fees, moral damages and exemplary damages as there is no proof that respondents committed bad faith in denying Delfin's claims. The CA's assailed Decision bears the following dispositive portion: WHEREFORE, the petition is DISMISSED. The Decision dated 23 January 2007 by the NLRC is AFFIRMED. SO ORDERED.[14] Petitioners filed a Motion for Reconsideration.[15] This was denied by the CA in its March 29,2011 Resolution.[16] Thus, the present Petition for Review on Certiorari. Issues elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60112 4/16

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