Republic of the Philippines

COURT OF APPEALS
Manila

FORMER EIGHTH (8th) DIVISION

TDG CREW MANAGEMENT, CA-G.R. SP NO. 178101

INC., DISNEY CRUISE LINE,
LTD.,1 Members:
Petitioners,
CRUZ, R.A., Chairperson,
ACOSTA, L.P., and
- versus - CARINGAL, J.F.A., JJ.

Promulgated:
JOHN MICHAEL2 G.
CANTALEJO, May 21, 2024
Respondent.
X------------------------------------------------x

RESOLUTION
Cruz, R.A., J.:

For resolution is the Motion for Reconsideration 3 filed by

Petitioners TDG Crew Management, Inc. and Disney Cruise Line, Ltd.
seeking a reversal of Our Decision dated December 20, 2023. In the
said Decision, We found no grave abuse of discretion on the part of
the Office of the Sole Voluntary Arbitrator of the National Conciliation
and Mediation Board in ruling that the medical assessment issued by
the company-designated physician cannot be considered complete,
final, and definite as it did not show how the disability assessment
was arrived at. Furthermore, petitioners failed to submit evidence
showing that the supposed final disability assessment was explained
to respondent, not to mention, if a copy of the said assessment was
furnished to him personally. We, therefore, find petitioners liable in
the amount of US$60,000.00 representing permanent and total
disability benefits for failure of the company-designated physician to
issue a final and definitive medical assessment

WHEREFORE, premises considered, the Motion for

Reconsideration is DENIED for lack of merit.

SO ORDERED.
CA-G.R. SP No. 178101 Page 2 of 2
RESOLUTION

RAMON A. CRUZ
Associate Justice

WE CONCUR:

LOUIS P. ACOSTA
Associate Justice

JAIME FORTUNATO A. CARINGAL

Associate Justice

1 Also referred to as “Magical Cruise Company, Limited”, rollo, p. 174.

2 Referred to as “Micahel” in some parts of the rollo.
3 Rollo, pp. 362-374.