VISION MARINE CREWING SERVICES CORPORATION, HAZZA M. ABURAS, AND JOHN GLENN M. FRIGILLANA, PETITIONERS, V. NATIONAL LABOR RELATIONS COMMISSION (FOURTH DIVISION), AND DOMINGO J. …
TOLENTINO, A.G., J.:
Before this Court is a Motion For Reconsideration[1] of the Decision promulgated on January 14, 2014, filed by the petitioners on February 3, 2014.[2]
The petitioners argue that the private respondent failed to
adduce evidence to prove that his medical condition arose out of an
accident. They likewise aver that the evidence on record is conclusive
and explicit that the private respondent has not been rendered totally
and permanently disabled. The petitioners also contend that Dr.
Escutin’s (the private respondent’s own doctor) medical assessment
cannot be concluded as an accurate evaluation of the private
respondent’s medical condition. They aver that this Court seemed to
have misappreciated the plain import of Article 192 of the Labor Code.
According to the petitioners, since their accredited doctors made a
declaration of partial permanent disability equivalent to grade eight
(8) within the two hundred forty-day period, the presumption by
operation of law of total permanent disability under Article 192 of the
Labor Code did not set in.[3]
The Motion is bereft of merit. The petitioners’ argument are
mere rehash of the matters and issues which were already passed upon,
resolved, and considered in the assailed Decision. Accordingly, we find
no substantial or compelling reason to reverse or modify the assailed
Decision.
WHEREFORE, premises considered, the instant Motion For Reconsideration is DENIED for lack of merit.
SO ORDERED.
Rosario and Inting,[*] JJ., concur.
[*] Vice Justice Leoncia R. Dimagiba, per Office Order No. 181-14-ABR dated May 5, 2014.
[1] Rollo, pp. 502-514.
[2] Rollo, p. 503.
[3] Rollo, pp. 504-511.