6/8/2020
E-Library - Information At Your Fingertips: Printer Friendly
WHEREFORE, the petition is GRANTED. The Resolutions dated October 17,
2007 and January 15, 2008 of the National Labor Relations Commission
(NLRC), Quezon City, in NLRC-LAC (OFW-M) No. 07-000018-07(3) NLRCOFW Case No. 06-08-02629-00 are ANNULLED and SET ASIDE. The Labor
Arbiter’s Decision dated May 21, 2007 is REINSTATED in full.
SO ORDERED.[17]
The CA held that there was no doubt that respondent was unable to work for more than
one hundred twenty days (120) the requisite period for a grant of total disability
benefits. Although the petitioners claimed that their CBA provision should be
controlling, the CA clarified that “the relevant provisions of the POEA-SEC pertaining to
permanent total disability remain essential parts of the parties’ valid and binding
contract.”[18] The CA further stated that although respondent’s Central Retinal Vein
Occlusion was not listed as an occupational disease, he successfully established a
causal connection from his work as a seaman to his illness.
It stressed that
compensability of a non-occupational disease, reasonable proof and not direct proof of
a causal connection between the work and the ailment is required.[19]
Petitioners’ Motion for Reconsideration[20] was likewise denied by the CA in its June 8,
2010 Resolution.
Hence, this petition.[21]
Petitioners submit the following issues for resolution:
I
WHETHER OR NOT THE COURT OF APPEALS COMMITTED PATENT
AND REVERSIBLE ERROR IN RULING THAT PRIVATE RESPONDENT
HANZIEL O. ROSETE IS ENTITLED TO TOTAL PERMANENT
DISABILITY BENEFITS
II
WHETHER OR NOT THE COURT OF APPEALS COMMITTED PATENT
AND REVERSIBLE ERROR RULING THAT PRIVATE RESPONDENT
HANZIEL O. ROSETE IS ENTITLED TO DISABILITY BENEFITS UNDER
THE COLLECTIVE BARGAINING AGREEMENT
III
WHETHER OR NOT THE COURT OF APPEALS COMMITTED PATENT
AND REVERSIBLE ERROR IN RULING THAT PRIVATE RESPONDENT
HANZIEL O. ROSETE IS ENTITLED TO ATTORNEY’S FEES.[22]
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/28554
4/11