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All other claims are hereby DENIED.
SO ORDERED.[17]
The focal point of the VA's Decision dealt with petitioner's capacity to go back to his
former work as chief cook despite his disability. In this regard, the VA ruled that
disability is intimately related to one's earning capacity. Since the nature of a chief
cook's job requires the use of both hands and petitioner's injured hand cannot be
moved without pain and limitation, the VA was convinced that the disability has
impaired petitioner's capacity to work as a chief cook on board a vessel.[18] Hence, so
the VA held, petitioner's disability is total. The VA also found that petitioner's disability
has gone beyond 240 days and so concluded that it is permanent.[19]
Respondents moved for reconsideration but the same was denied by the VA in its
August 4, 2014 Resolution. Thus, respondents filed a petition for review with the CA.
Meanwhile, on October 17, 2014, the parties filed with the VA a Conditional Satisfaction
of Judgment stating that respondents resorted to paying petitioner an amount of
P4,829,880, without prejudice to the outcome of their petition for review pending
before the CA. Petitioner undertook to return the money conditionally paid should the
award be reversed.[20]
Ruling of the CA
In its June 25, 2015 Decision, the CA resolved to grant respondents' petition for review.
The fallo of the Decision reads:
WHEREFORE, based on the foregoing, the petition is GRANTED. The 11
June 2014 Decision and 04 August 2014 Resolution of the Honorable Panel
of Voluntary Arbitrators in AC-305-NCMB-NCR-001-01-01-2014 are hereby
REVERSED and SET ASIDE.[21]
In reversing the Decision of the VA, the appellate court held that a claim for disability
benefits should be based on the findings and declaration of the company-designated
physician who, in this case, declared a disability grading within the 240-day extension
provided for by law. The CA made the following conclusions:
In the case at bench, this Court finds that the company-designated
[physician] ha[s] complied with the responsibility incumbent upon [him].
Upon careful review of the records, [petitioner] started his treatment with
Dr. Agbayani, Jr. on 27 November 2011 and was discharged on 03 December
2011. On May 2012, after his operation and treatment, he was given a
disability grading of Grade 11 'total loss of index finger' and was declared fit
for sea duty. Such declaration was made after 165 days from [petitioner's]
treatment and well within the 240-day extension provided by law. Thus, this
Court gives credence to the findings given by the company-designated
[physician] as to [petitioner's] disability.[22]
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