5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly from the paint room, where paint chemicals would obviously be located. While Moradas' act of borrowing a lighter from someone, even though he does not smoke, may have led the petitioners to conclude that he must have intended to commit a wrong, this line of thinking does not substantially establish a defense of self-inflicted injury. Note that while Chief Officer Bejada stated that he ordered an ordinary seaman to extinguish the fire in the incinerator, the petitioners did not even bother to present the crucial testimony of this supposed seaman to substantially corroborate Chief Officer Bejada's claim. In these lights, I cannot also agree with the ponencia that a finding on Moradas' mental disposition is dispensable. The ponencia 's reasoning that a sane person who "harbors a grudge" and "is brooding over feelings of resentment" because he was caught stealing can be driven to set himself ablaze is tenuously speculative to say the least. Moradas' mental disposition would have also established the substantial evidence requirement lacking in this case which the ponencia obviously, but unsuccessfully, tries to fill up. In short, there are a lot of crucial lapses and inconsistencies, logical and factual, in the petitioners' case that even brushing aside, for the sake of argument, the lack of causal connection (between the acts imputed against Moradas, on one hand, and his alleged self-inflicted injury, on the other hand), the substantial evidence can hardly be said to have been met. III. Moradas is entitled only to income benefit This is not say, however, that the CA's conclusion on Moradas' entitlement to permanent and total disability is also legally correct. Moradas' inability to return to the same line of work does not by itself legally entitle him to permanent and total disability benefits. Entitlement to disability benefits by seamen on overseas work is a matter governed, not only by medical findings, but by law and by contract. The material statutory provisions are Articles 191 to 193, Chapter VI (Disability Benefits) of the Labor Code, in relation with Rule X of the Rules and Regulations Implementing Book IV of the Labor Code. By contract, (presently) Department Order No. 4, series of 2000 of the Department of Labor and Employment (the POEA Standard Employment Contract) and the parties' CBA bind the seaman and his employer to each other.[36] As to how these provisions operate, Vergara v. Hammonia Maritime Services, Inc. (Vergara)[37] discussed: As these provisions operate, the seafarer, upon sign-off from his vessel, must report to the company-designated physician within three (3) days from arrival for diagnosis and treatment. For the duration of the treatment but in no case to exceed 120 days, the seaman is on temporary total disability as he is totally unable to work. He receives his basic wage during this period until he is declared fit to work or elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56605 24/31

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