FIRST DIVISION
[G.R. No. 210974. August 17, 2015.]
MEC GLOBAL SHIP MANAGEMENT AND MANNING CORPORATION, petitioner, vs. FERNANDO P. CANCINO, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated August 17, 2015 which reads as follows:
"G.R. No. 210974 (MEC Global Ship Management and Manning Corporation v. Fernando P. Cancino).
After a judicious review of the records, the Court resolves to DENY the instant petition and AFFIRM the November 11, 2013 Decision 1 and January 22, 2014 Resolution 2 of the Court of Appeals (CA) in CA-G.R. SP No. 128712 for failure of petitioner MEC Global Ship Management and Manning Corporation (petitioner) to show that the CA committed any reversible error in upholding the award of permanent and total disability benefits in favor of respondent Fernando P. Cancino (respondent).
As correctly pointed out by the CA, respondent did not conceal, but instead disclosed his chelation therapy for his heart ailment prior to his employment, and that his August pre-employment medical examination already revealed a finding of "atheromatous aorta"; notwithstanding the foregoing, he was still hired by petitioner. Moreover, the nature of respondent's work as Second Engineer had contributed to the aggravation of his illness. Thus, considering that respondent's illness rendered him incapable of resuming his usual work, his disability was correctly classified as Impediment Grade 1, which entitled him to receive the amount of US$60,000.00 pursuant to Section 32 of the 2010 POEA Standard Employment Contract.
SO ORDERED." TCAScE
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court
Footnotes
1. Rollo, pp. 25-36. Penned by Associate Justice Amelita G. Tolentino with Associate Justices Ramon R. Garcia and Danton Q. Bueser concurring.
2. Id. at 38-39.