In its 13 July 2001 Decision, the Court of Appeals dismissed the petition.
The Court of Appeals sustained the NLRC that the POEA-SEC governs the rights
and obligations of the parties. The Court of Appeals rejected petitioners argument
that Articles 191 and 192 of the Labor Code should apply to his case. The Court of
Appeals ruled that Articles 191 and 192 of the Labor Code refer to Temporary and
Permanent Total Disability Benefits that an employee may avail of pursuant to the
Employees Compensation and State Insurance Fund, and petitioner is not covered
under either.
The Court of Appeals ruled that a seafarer shall be granted the corresponding
permanent partial or total disability benefits under Section 30-A of the POEA-SEC
or its Appendix 1 on the basis of the assessment by a company-designated
physician. The Court of Appeals ruled that in this case, no such assessment was
made by the company-designated physician. Further, under Appendix 1 of the
POEA-SEC, petitioners operation involving the removal of his gallbladder is not a
compensable injury, disease, or illness.
Petitioner filed a motion for reconsideration. In its 21 February 2002 Resolution,
the Court of Appeals denied the motion for lack of merit.
Hence, the petition for review before this Court.
The Issues
The issues in this case are the following:
1. Whether the Labor Codes definition of permanent total disability applies
to seafarers;