6/5/2020
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Flor filed a Motion for Reconsideration, but it was denied by the National Labor
Relations Commission in the Resolution dated December 30, 2010.[21] She then filed a
Petition for Certiorari before the Court of Appeals, arguing that her husband died from a
work-related illness, thus, it was grave abuse of discretion for the National Labor
Relations Commission to reverse the Labor Arbiter’s ruling.[22] The Court of Appeals
denied the petition, ruling that since Eduardo died after the term of his contract with
Status Maritime Corporation, “his beneficiaries are not entitled to the death
benefits[.]”[23]
The Court of Appeals cited GSIS v. Valenciano[24] where this court held that “diabetes
mellitus is not an occupational disease[.]”[25] The Court of Appeals also cited Section
32-A of the 2000 Philippine Overseas Employment Administration Amended Standard
Terms and Conditions that does not list diabetes mellitus as an occupational disease.
[26]
Eduardo died after the term of his contract with Status Maritime Corporation. It was
clear then that his beneficiaries were not entitled to death benefits.[27] In addition, the
Court of Appeals held that Flor failed to substantiate her allegation that Eduardo’s
illness and cause of death were work-related.[28]
Decision states:
A portion of the Court of Appeals
Time and again, we have ruled that self-serving and unsubstantiated
declarations are insufficient to establish a case before quasi-judicial bodies
where the quantum of evidence required to establish a fact is substantial
evidence.
Often described as more than a mere scintilla, substantial
evidence is such relevant evidence as a reasonable mind might accept as
adequate to support a conclusion, even if other equally reasonable minds
might conceivably opine otherwise. Thus, in the absence of substantial
evidence, working conditions cannot be presumed to have increased the risk
of contracting the disease.
....
WHEREFORE, the premises considered, the Petition is hereby DENIED. The
Decision dated 30 September 2010 of the National Labor Relations
Commission (NLRC) and its Resolution dated 30 December 2010 are
AFFIRMED in toto.
SO ORDERED.[29] (Citations omitted)
Flor moved for the reconsideration[30] of the Court of Appeals Decision that was denied
in the Resolution[31] dated December 12, 2013.
Petitioner filed this Petition for Review on Certiorari, arguing that the Court of Appeals
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