This case has been cited 1 times or more.
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2014-08-06 |
BRION, J. |
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| In its decision under review, the CA granted the petition, reversed the challenged NLRC rulings and, reinstated LA Darlucio's award of permanent total disability benefits to Pellazar thereby disregarding the Grade 10 disability rating in accordance with the POEA-SEC of the company-designated physicians. It stressed that permanent total disability is not determined by gradings but by the number of days the disability has lasted. It explained that under Article 192 of the Labor Code, a disability shall be deemed total and permanent if the temporary disability has lasted for more than a continuous period of 120 days and this is the concept of permanent total disability that the Supreme Court has applied in Wallem Maritime Services, Inc. v. NLRC,[14] reiterated in subsequent cases as Crystal Shipping, Inc., v. Natividad[15] and lately, Oriental Shipmanagement Co., Inc. v. Bastol.[16] The petitioners moved for reconsideration, but the CA denied the motion in its resolution of August 24 2010;[17] hence, the present petition. | |||||