5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly whimsical exercise of judgment, done in a despotic manner by reason of passion or personal hostility, the character of which being so patent and gross as to amount to an evasion of positive duty or to a virtual refusal to perform the duty enjoined by or to act all in contemplation of law.[64] In labor disputes, grave abuse of discretion may be ascribed to the NLRC when, inter alia, its findings and conclusions are not supported by substantial evidence,[65] or that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion.[66] The onus probandi falls on the seafarer to establish his claim for disability benefits by the requisite quantum of evidence to justify the grant of relief. [67] Guided by the foregoing considerations, the Court finds that the CA committed reversible error in granting Hipe’s certiorari petition since the NLRC did not gravely abuse its discretion in dismissing the complaint for permanent disability benefits for Hipe’s failure to establish his claim through substantial evidence. The issue of whether the seafarer can legally demand and claim disability benefits from the employer/manning agency for an injury or illness suffered may be determined from the pertinent provisions of Section 20 (B) of the 2000 POEA-SEC[68] which enumerates the duties of an employer to his employee who suffers a work-related injury or disease during the term of his employment,[69] viz.: SECTION 20. COMPENSATION AND BENEFITS xxxx B. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS The liabilities of the employer when the seafarer suffers work-related injury or illness during the term of his contract are as follows: xxxx 2. x x x. However, if after repatriation, the seafarer still requires medical attention arising from said injury or illness, he shall be so provided at cost to the employer until such time he is declared fit or the degree of his disability has been established by the company-designated physician. 3. Upon sign-off from the vessel seafarer is entitled to sickness basic wage until he is declared permanent disability has been elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58331 for medical treatment, the allowance equivalent to his fit to work or the degree of assessed by the company5/12