6/8/2020
E-Library - Information At Your Fingertips: Printer Friendly
payment.
Respondents are further ordered to pay 10% attorney’s fees based on the
total judgment award.
All monetary claims are hereby dismissed.
SO ORDERED.[9]
The LA reasoned out that respondent left the Philippines in good condition, thus, it
could be logically inferred that he contracted the illness while on board the vessel. As
respondent was not able to perform his job for more than 120 days since his
repatriation, he became entitled to permanent disability benefits. Based on their CBA,
respondent should be awarded US$105,000.00.[10]
Not in conformity with the ruling, the petitioners appealed to the NLRC which, in its
October 17, 2007 Resolution, modified the L.A. Decision by reducing respondent’s
disability benefits from US$105,000.00 to US$20,900.00.[11] As modified, the decretal
portion reads:
WHEREFORE, the assailed Decision dated 21 May 2007 is hereby MODIFIED
by ordering the respondents to pay jointly and severally complainant Hanziel
O. Rosete a disability benefit of US$20,900, the amount equivalent to Grade
7 under POEA Standard Employment Contract.
The payment of ten percent (10%) attorney’s fees based on the judgment
award is hereby AFFIRMED.
SO ORDERED.[12]
The NLRC ruled that the grant of US$105,000.00 based on the provisions of the CBA
had no legal basis because disability benefits under Article 28 thereon would refer only
to permanent disability resulting from accident while in employment.[13] The NLRC held
respondent was entitled to disability benefits but only up to Grade 7 as recommended
by his own physician, Dr. George Pile.[14]
Both parties moved for reconsideration of said decision, but their respective motions
were denied by the NLRC in its Resolution dated January 15, 2008.[15]
Respondent elevated the case to the CA via petition for certiorari under Rule 65 of the
Rules of Court.[16] On March 23, 2010, the CA reversed the NLRC’s decision. The fallo
reads:
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/28554
3/11