January 2012 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 199235 : January 25, 2012]
TESMA CREW MANAGEMENT, INC. AND TESMA SINGAPORE PTE LIMITED v. EDDIE C. TABULDAN
G.R. No. 199235 (Tesma Crew Management, Inc. and Tesma Singapore PTE Limited v. Eddie C. Tabuldan)
RESOLUTION
After a careful examination of the records, the Court resolves to DENY the petition for failure to show that the Court of Appeals (CA) erred in affirming the findings of the Panel of Voluntary Arbitrators that respondent Eddie C. Tabuldan is entitled to full disability benefits under the medical unfitness clause of the collective bargaining agreement (CBA), which states that any seafarer assessed at less than 50% disability but certified as permanently unfit for further sea service in any capacity by the company doctor shall be entitled to 100% compensation. In view of the final medical report issued by the company-designated doctors that respondent was permanently unfit as ordinary seaman, the latter is clearly entitled to full disability benefits under the CBA.cralaw
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Division Clerk of Court