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JurisprudenceG.R. No. 202114 -

G.R. No. 202114 - ELMER A. APINES, VS. ELBURG SHIPMANAGEMENT PHILIPPINES, INC., AND/OR DANILO F. VENIDA.DECISION - Supreme Court E-Library

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TL;DR — Ruling

WHEREFORE, the instant petition is hereby GRANTED and the NLRC Decision dated December 14, 2009 and Resolution dated April 14, 2010 are SET ASIDE . The Complaint for total and permanent disability benefits, reimbursement of medical, hospital and transportation expenses, moral and exemplary damages, sickwage allowance, attorney's fees and legal interest is hereby DISMISSED . In view of the payment made to [Apines] by petitioners Elburg Shipmanagement Philippines, Inc. and Danilo F.

Decision

Ruling

WHEREFORE, the instant petition is hereby GRANTED and the NLRC Decision dated December 14, 2009 and Resolution dated April 14, 2010 are SET ASIDE . The Complaint for total and permanent disability benefits, reimbursement of medical, hospital and transportation expenses, moral and exemplary damages, sickwage allowance, attorney's fees and legal interest is hereby DISMISSED . In view of the payment made to [Apines] by petitioners Elburg Shipmanagement Philippines, Inc. and Danilo F. Venida in satisfaction of NLRC Decision dated December 14, 2009 and Resolution dated April 14, 2010, [Apines] is hereby directed to return to petitioners Elburg Shipmanagement Philippines, Inc. and Danilo F. Venida the amount of Three Million Twenty[-]Nine Thousand Eighty[-]Eight Pesos [and] 92/100 (P3,029,088.92). SO ORDERED.