8/27/2020 E-Library - Information At Your Fingertips: Printer Friendly NLRC Decision The National Labor Relations Commission (NLRC) found that respondents failed to refute the fact that petitioner slipped while he and AB Rolen M. Magalonga[11] (AB Magalonga) were washing the cargo hold, thus petitioner is entitled to benefits under the CBA for having met an accident while on board the ship.[12] The NLRC affirmed the LA that petitioner is entitled to permanent total disability because his incapacity exceeded 120 days. The NLRC also affirmed the award of attorney's fees.[13] The dispositive portion of the NLRC Decision[14] states: WHEREFORE, the appeal is DISMISSED for lack of merit and the Decision of the Labor Arbiter dated February 28, 2014 is AFFIRMED en toto. SO ORDERED.[15] CA Decision In the assailed CA Decision, the CA reversed the NLRC, the dispositive portion of which states: WHEREFORE, in view of the foregoing, the Petition for Certiorari is GRANTED IN PART. The Decision dated 02 May 2014 and the Resolution dated 11 June 2014 of the National Labor Relations Commission are REVERSED and SET ASIDE insofar as it affirmed the grant of Ninety Thousand Eight Hundred Eighty Two Dollars (US$90,882.00) as disability benefits. Instead, petitioners ORIENT LINE PHILIPPINES, INC. and/or ORIENT NAVIGATION CORPORATION and/or ACARIO DELA PEÑA are ORDERED TO PAY private respondent EFREN J. JULLEZA total permanent disability benefit (Grade 8) in the amount of Sixteen Thousand Seven Hundred Ninety-Five Dollars (US$16,795.00) or its Philippine Peso equivalent at the time of payment, and One Thousand Six Hundred Seventy[-]Nine Dollars and 50/100 (US$1,679.50) as and by way of attorney's fees. SO ORDERED.[16] In reversing the NLRC, the CA ruled that the company-designated physician has determined the final suggested disability grading of petitioner, which was Grade 8 due to loss of 2/3 lifting power of the trunk.[17] The CA ruled that the company-designated physician acknowledged that petitioner suffered from partial permanent disability.[18] The CA also ruled that the failure to consult a third doctor, which is part of the conflicthttps://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65520 3/14