6/7/2020
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Essentially, the petitioners seek to belie the conclusion of the CA that the NLRC's
determination of Conag's permanent total disability is not borne out by the evidence. In
effect, the Court was asked to make an inquiry into the contrary factual findings of the
NLRC and the LA, whose statutory function is to make factual findings based on the
evidence on record.[29] Crucial, then, to a ruling on the above issue is whether the CA
was justified in finding that, contrary to the NLRC's conclusion, Conag suffered a workrelated spinal injury which rendered him unfit to return to work.
Ruling of the Court
The Court grants the petition.
In appeals by certiorari under Rule 45 of the Rules of Court, the task of the Court is
generally to review only errors of law since it is not a trier of facts, a rule which
definitely applies to labor cases.[30] But while the NLRC and the LA are imbued with
expertise and authority to resolve factual issues, the Court has in exceptional cases
delved into them where there is insufficient evidence to support their findings, or too
much is deduced from the bare facts submitted by the parties, or the LA and the NLRC
came up with conflicting findings,[31] as the Court has found in this case.
Seafarer's right to disability benefits
The relevant legal provisions governing a seafarer's right to disability benefits, in
addition to the parties' contract and medical findings,[32] are Articles 191 to 193 of the
Labor Code and Section 2, Rule X of the Amended Rules on Employee Compensation.
The pertinent contracts are the POEA-SEC, the CBA, if any, and the employment
agreement between the seafarer and his employer.[33] To summarize and harmonize
the pertinent provisions on the establishment of a seafarer's claim to disability benefits,
the Court held in Vergara v. Hammonia Maritime Services, Inc., et al.[34] that:
[T]he seafarer, upon sign-off from his vessel, must report to the companydesignated 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 his temporary disability is acknowledged by the company to be
permanent, either partially or totally, as his condition is defined under the
POEA [-SEC] and by applicable Philippine laws. If the 120 days initial period
is exceeded and no such declaration is made because the seafarer requires
further medical attention, then the temporary total disability period may be
extended up to a maximum of 240 days, subject to the right of the employer
to declare within this period that a permanent partial or total disability
already exists. The seaman may of course also be declared fit to work at any
time such declaration is justified by his medical condition.[35] (Citations
omitted and italics in the original)
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