4/9/2020 E-Library - Information At Your Fingertips: Printer Friendly In Accord With Law And/Or [Applicable] Jurisprudence Of The Honorable Court When It Granted Petitioner’s Petition For Certiorari Under Rule 65. Grounds For The Petition Petitioners respectfully submit that the appellate court decided the petition not in accord with applicable laws and jurisprudence when: I. The Appellate Court Disregarded The Terms And Conditions Of The POEA Standard Employment Contract When It Rendered Petitioners Liable To Respondent For Disability Benefits. II. The Appellate Court Failed To Give Due Weight And Consideration To The Assessment Made By The Company- Designated Physician As To Respondent’s Condition; And III. The Appellate Court Found Respondent With A Grade 1 Disability And Awarded Him Disability Benefits In The Amount Of U[S]$60,000.00 Which Is Equivalent To A Finding Of Total And Permanent Disability, Despite The Lack Of Any Basis Therefor. IV. Respondent Is Not Entitled To Attorney’s Fees.[19] Discussion The crux of the controversy boils down to the propriety of awarding disability benefits to Penales in light of the fact that he was neither declared fit to work nor given a disability grade rating within the period allowed by the law. Applicability of the Labor Code Provisions on Disability Benefits to Seafarers The petitioners claim that the benefits to be awarded to Penales should be determined and delimited by the POEA SEC, the contract which governs their relationship.[20] The petitioners argue: Entitlement of a seafarer to disability compensation does not depend on whether or not he is still capable of working as a seafarer but on whether he suffers an impediment which hinders him from doing his customary work or any kind of work of a similar nature which a person of his mentality and attainment could as defined by jurisprudence in the very cases relied upon by the appellate court in the assailed Decision and Denial Resolution. x x x. [21] The petitioners add that Penales is not “totally disabled” as although he may have suffered an injury that would render him unfit to work as a seafarer, he could still get a elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55144 5/12