G.R. No. 203539 - FLORENCIO B. DESTRIZA, VS. FAIR SHIPPING CORPORATION, ANGEL C. CACHAPERO, AND/OR BOSELINE S.A..

Ruling

WHEREFORE , in view of the foregoing, we find the complainant not entitled for permanent total disability benefits because evidence will prove that he is still fitted [sic] to work. However, there is substantial evidence to prove that his illness became apparent while he was on board the vessel and that the complainant was serving on board the same company vessel for three consecutive contracts. With this, he is hereby awarded US$20,000.00. Further, the claim for attorney's fees is hereby denied for lack of merit. SO ORDERED . [43] Aggrieved, the respondents elevated the case to the CA via a petition for review under Rule 43 of the Rules of Court. [44] While the petition was pending in the CA, Destriza moved for the issuance of a writ of execution of the PVA's Resolution. [45] On July 20, 2007, the parties agreed that the respondents will make a conditional payment to Destriza covering the amount of the award without prejudice to the outcome of the pending petition for review. [46] On August 16, 2007, FSC paid Destriza the amount of P902,440.00. [47] Ruling of the Court of Appeals: In its April 27, 2012 Decision, [48] the CA modified the PVA's Resolution by deleting the award of US$20,000.00 for lack of legal basis. [49] It pointed out that the POEA Standard Employment Contract does not contain any reference to compensation or benefit to be awarded to the seafarer simply because his illness became apparent while he was on board the vessel or because he was serving on board the same company for three consecutive contracts. [50] The award could not be classified as disability benefits as defined in the POEA Standard Employment Contract because Destriza failed to show that his illness was work-related or that the ship's working conditions aggravated it. [51] The CA also gave greater weight on Dr. Cruz's finding that Destriza is fit to return to work, thereby negating Destriza's claim for disability benefits. [52] The dispositive portion of the CA Decision reads: ACCORDINGLY , We GRANT the Petition. The Decision of the Panel of Voluntary Arbitrator[s] is MODIFIED by deleting the award of US$20,000.00 for lack of legal basis. In view of the parties' manifestation that the company had conditionally paid Florencio the peso equivalent of the award, Florencio is ORDERED to return the sum paid to him. SO ORDERED.