6/8/2020 E-Library - Information At Your Fingertips: Printer Friendly The Court holds that respondent is entitled to claim permanent total disability benefits based on his POEA-SEC and not based on their CBA as earlier ruled by the L.A. and later affirmed by the CA. The CBA provisions on disability are not applicable to respondent’s case because Article 28 thereon specifically refers to disability sustained after an accident. Article 28 of the ITF-JSU/AMOSUP CBA specifically states that: Article 28: Disability 28.1 A seafarer who suffers permanent disability as a result of an accident whilst in the employment of the Company regardless of fault, including accidents occurring while travelling to or from the ship, and whose ability to work as a seafarer as a result thereof, but excluding permanent disability due to wilful acts, shall be in addition to sick pay, be entitled to compensation according to the provisions of this Agreement. [Emphasis supplied] Respondent failed to show that the blurring of his left eye was caused by an accident on board the ship. Thus, Article 28 of the CBA cannot be used to compute his disability benefits. Accordingly, what should govern the computation of his disability benefits is the POEASEC incorporating the 2000 POEA Amended Standard Terms and Conditions. Under Section 20 (B), paragraph 6, of the 2000 POEA Amended Standard Terms and Conditions, to wit: 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 6. In case of permanent total or partial disability of the seafarer caused by either injury or illness the seafarer shall be compensated in accordance with the schedule of benefits enumerated in Section 32 of this Contract. Computation of his benefits arising from an illness or disease shall be governed by the rates and the rules of compensation applicable at the time the illness or disease was contracted. [Emphases and underscoring supplied] elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/28554 8/11