5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly However, even on this context, the NLRC’s ruling awarding Pellazar disability benefits based on the Grade 10 rating of Drs. De Guzman and Banaga can fully withstand a Rule 65 challenge since the Grade 10 rating had ample basis in the extensive evaluation and treatment of Pellazar by these two company doctors, including an orthopedic specialist and a physiatrist. In stark contrast, Dr. Sabado, Pellazar’s chosen physician, examined him only once and could have treated him for a few hours only, considering as the petitioners point out, that Pellazar came all the way from Antipolo, where he resides, to Dagupan City, where Dr. Sabado is practicing his profession.[27] It is as if, the petitioners aver, Pellazar sought out Dr. Sabado in Dagupan City for a favorable certification. While Dr. Sabado’s diagnosis was consistent with that of the company-designated physicians (which centered on the injury in Pellazar’s 5th right finger and the resulting loss of grasping power of said fifth finger), Dr. Sabado certified Pellazar to be permanently unfit for sea service.[28] Notwithstanding Dr. Sabado’s unfit-to-work certification (which the LA relied upon in ruling in Pellazar’s favor), the NLRC gave more credence to the Grade 10 disability rating of Pellazar than the assessment of Dr. Sabado. The NLRC’s mere disagreement with the LA, however, does not give rise to grave abuse of discretion, unless the NLRC’s contrary conclusion had no basis in fact and law. In the present case, the NLRC ruling was actually based on the extensive evaluation and treatment of Pellazar’s medical condition by the company doctors. Under a Rule 65 petition, the CA does not determine which of the conflicting findings or assessment should be preferred; but rather, whether in deciding to uphold one over the other, the NLRC exceeded the bounds of its jurisdiction or committed grave abuse of discretion. The CA’s finding in this regard finds no support in its decision because of its misplaced reliance on the 120-day period, as earlier discussed. 3. No entitlement to full disability benefits Since the company-designated physicians gave Pellazar only a Grade 10 disability - and not a permanent total disability - he cannot be entitled to the full disability benefits of US$75,000.00 under the AMOSUP-IMEC TCCC CBA. Section 20.1.5 of the CBA on Permanent Medical Unfitness provides: A seafarer whose disability is assessed at 50% or more under the POEA Employment Contract shall, for the purpose of this paragraph as regarded (sic) as permanently unfit for further sea service in any capacity and entitled to 100% compensation, i.e. US$125,000 for senior officers, US$100,000 for junior officers and US$75,000 for ratings. Furthermore, any seafarer assessed at less than 50% disability under the contract but certified as permanently unfit for further sea service in any capacity by the company doctor, shall be entitled to 100% compensation (emphasis and underscoring ours). elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57342 9/12