G.R. No. 240518 - BSM Crew Service Centre Philippines, Inc. vs. Jones

On November 5, 2014, BSM Crew Service Centre Philippines, Inc. (BSM) hired Roy Jason P. Jones as a Messman for the vessel Al Gattara under a nine‐month contract covered by a Collective Bargaining Agreement (CBA).
In February 2015, while loading food provisions on board, Jones experienced a sudden snap in his back with pain radiating to his lower extremities.
Owing to the persistence of pain, Jones was medically repatriated on March 17, 2015, and immediately referred to the company-designated physician who ordered tests and a rehabilitation program, including epidural steroid injections.

On July 1, 2015, a functional capacity evaluation by the company-designated physician certified that Jones was “pain free with full range of motion,” and Jones signed a certificate confirming he was cleared to return to work.
Despite his clearance and attempt to report for re-employment, Jones was not re-engaged by BSM.
In 2016, following a recurrence of back pain, Jones consulted his own doctors:

Dr. Francis Pimentel, whose Medical Report (dated March 6, 2016) noted permanent disability due to facet joint hypertrophy encroaching on the exiting nerve root.
Dr. Rogelio Catapang, Jr., who likewise deemed Jones unfit for sea duty.

The parties first underwent grievance proceedings before the Associated Marine Officers and Seamen’s Union of the Philippines, but no settlement was reached.
Subsequent conciliation proceedings were commenced before the National Conciliation and Mediation Board (NCMB) but similarly failed.
The case was then submitted to voluntary arbitration before the Panel of Voluntary Arbitrators of the NCMB (PVA-NCMB).

BSM filed and obtained a partial motion for reconsideration (Resolution dated April 27, 2017), which deleted the award of the sickness allowance as it had already been paid.
BSM then pursued a petition for review under Rule 43 before the Court of Appeals (CA).

In its Decision dated March 20, 2018, the CA dismissed BSM’s petition, affirming both the factual findings of the PVA-NCMB and the award of permanent and total disability benefits to Jones.
The CA rejected BSM’s contention that the PVA-NCMB Decision was void on the ground that the chairman of the panel (and ponente of the decision) had allegedly died (cited as occurring on December 12, 2016) before the decision was promulgated.
The CA emphasized that BSM had failed to submit evidence or disprove the presumption of regularity in the performance of official functions by the PVA-NCMB.
Following further motions for reconsideration by BSM which were denied, Jones subsequently filed his Comment, and BSM filed its Reply, leading to the present petition for review on certiorari.

Whether the PVA-NCMB Decision was properly promulgated despite the allegation that the chairman of the panel (and ponente) died before its promulgation.

Whether the CA was correct in affirming the PVA-NCMB finding that Jones was totally and permanently disabled.
Whether Jones’s claim for benefits under the CBA and the provisions of the POEA-SEC (notably Section 20(A)) is sustainable given the timeline of his clearance and subsequent medical findings.
Whether the dispute resolution mechanisms and evidentiary findings suffice to support the award of permanent and total disability benefits to Jones.