SECOND DIVISION
[G.R. No. 246070. June 3, 2019.]
CARGO SAFEWAY, INC., EVERGREEN MARINE CORPORATION, AND/OR CAPT. REYNALDO D. CASAREO, petitioners, vs.JAEDICK RAMAR G. LEONIDA, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated03 June 2019which reads as follows:
"G.R. No. 246070 (Cargo Safeway, Inc., Evergreen Marine Corporation, and/or Capt. Reynaldo D. Casareo v. Jaedick Ramar G. Leonida)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the June 8, 2018 Decision 2 and the March 18, 2019 Resolution 3 of the Court of Appeals (CA) in CA-G.R. SP No. 151422 for failure of petitioners Cargo Safeway, Inc., Evergreen Marine Corporation, and/or Capt. Reynaldo D. Casareo (petitioners) to sufficiently show that the CA committed any reversible error in upholding the award of total and permanent disability benefits and attorney's fees in respondent Jaedick Ramar G. Leonida's (respondent) favor. AaCTcI
As correctly ruled by the CA, since petitioners' company-designated physician unjustifiably failed to arrive at a final assessment of respondent's medical condition within one hundred twenty (120) days from repatriation, respondent should be deemed totally and permanently disabled by operation of law. 4 Likewise, the CA correctly ruled that petitioners' non-referral of respondent to a third doctor militates against his cause, as it is an oft-repeated rule, under prevailing jurisprudence, that referral to such doctor is mandatory when the findings of the parties' doctors conflict. 5 In any event, it must be observed that when the factual findings of the labor tribunals or agencies conform to and are affirmed by the CA, the same are accorded respect and finality and are binding upon this Court, 6 as in this case.
SO ORDERED. (CAGUIOA, J., on official leave.)"
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 3-25.
2.Id. at 33-45. Penned by Associate Justice Edwin D. Sorongon with Associate Justices Sesinando E. Villon and Maria Filomena D. Singh, concurring.
3.Id. at 47-49.
4. See Tamin v. Magsaysay Maritime Corporation, 794 Phil. 286, 301 (2016). See also rollo, pp. 42-43.
5. See Formerly INC Shipmanagement, Inc. v. Rosales, 744 Phil. 774, 787 (2014). See also rollo, p. 44.
6. See Superior Packaging Corporation v. Balagsay, 697 Phil. 62, 68-69 (2012).