5/28/2020
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CA via a petition for certiorari.
Decision of the CA
In a Decision[37] dated November 26, 2010, the CA reversed the NLRC and reinstated
the LA’s ruling. The CA found the petitioners liable for permanent and total disability
benefits because Jarin was able to adduce substantial evidence that the risk of
contracting rheumatoid arthritis was increased by his exposure to the working
conditions in the vessel. The CA admitted Jarin’s sworn narration that he was often
required to work for long periods of time, constantly exposed to extreme temperatures
while performing his functions and was made to carry heavy loads which caused so
much stress to his joints and muscles. The CA held that such factors prove the causal
connection between Jarin’s work and the increased risk of developing rheumatoid
arthritis. The CA faulted the NLRC for failing to consider such sworn narration
considering that what the law requires is not direct proof but reasonable proof of the
causal connection between the work and ailment.
Accordingly, the CA awarded Jarin with US$60,000.00 permanent disability benefits,
sickness allowance of not more than 120 days, and attorney’s fees of ten percent
(10%) of the monetary award, viz:
WHEREFORE, the petition is GRANTED. Accordingly, the assailed Decision
dated October 23, 2009 and Resolution dated June 7, 2010 of public
respondent NLRC in NLRC-LAC No. 11-000896-08 NLRC-Case No.-OFW-M04-05618-08 are hereby ANNULLED and SET ASIDE and a new one
entered ordering private respondents to pay petitioner Jarin the sums of
US$60,000.00 as disability benefit; US$2,889.60 or the equivalent thereof in
Philippine Currency as sickness benefit for 120 days; and ten percent (10%)
of the monetary award as attorney’s fees.
SO ORDERED.[38]
The petitioners filed a motion for reconsideration[39] which the CA denied[40] for lack of
merit. Hence, this petition anchored on the following grounds:
A. THE [CA] SERIOUSLY ERRED IN FINDING [JARIN] TO HAVE SUFFERED
A WORK-RELATED DISABILITY BASED ON HIS UNSUBSTANTIATED
ALLEGATIONS THAT HIS TASKS ONBOARD THE VESSEL M.T. ERIK
SPIRIT CAUSED HIS ILLNESS.
B. THE [CA] GRAVELY ERRED IN AWARDING SICKNESS ALLOWANCE
DESPITE THE FACT THAT [JARIN] WAS NOT MEDICALLY REPATRIATED.
C. THE [CA] GRIEVOUSLY ERRED WHEN IT ORDERED THE PAYMENT OF
ATTORNEY’S FEES TO [JARIN].[41]
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57140
5/11