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Penales. To settle this, Penales’s disability at the time of his last treatment should be
determined in accordance with Section 20(B) of the POEA SEC.
WHEREFORE, above premises considered, the December 4, 2003 Decision and
February 23, 2004 Resolution of the Court of Appeals in CA
G.R. SP No. 75126 are SET ASIDE.
In lieu thereof, this Court is REMANDING the case to the Labor Arbiter for the
determination of the impediment grade to be assigned to Benjamin D. Penales's
disability at the time of his last treatment. No damages or attorney's fees shall be
awarded.
SO ORDERED.
Sereno, C.J, (Chairperson), Bersamin, Villarama, Jr., and Reyes, JJ., concur.
[1] Under Rule 45 of the Rules of Court.
[2] Rollo, pp. 46-53; penned by Associate Justice Eliezer R. de los Santos with Associate
Justices B.A. Adefuin-de la Cruz and Jose C. Mendoza, concurring.
[3] Id. at 55.
[4] Id. at 73-74.
[5] Id. at 75-76.
[6] Id. at 46-47.
[7] Id. at 61.
[8] Id. at 114-123.
[9] Id. at 122-123.
[10] Id. at 118-122.
[11] Records, pp. 86-100.
[12] Rollo, pp. 177-178.
[13] Id. at 174-179.
[14] Id. at 193-194.
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