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International Hospital in Papua New Guinea where he was confined and was diagnosed
to have suffered from cerebrovascular disease: "left cerebellar infarct" and
hypertension, Stage 2. The attending physician ordered him to cease from working for
a period of two (2) weeks.[7] Subsequently, on December 1, 2013, Ernesto was
repatriated to the Philippines. Upon arrival in Manila, he was immediately brought to
the Philippine General Hospital where he underwent medical check-up. Finding that he
was in a stable condition, the examining doctor sent him home as he was classified as
an "out-patient." However, Ernesto continued to experience headache and numbness of
the entire left side of his body even after arriving home. This prompted his wife to insist
that he be admitted in a private hospital. Thus, on December 4, 2013, Ernesto was
admitted at the Manila Doctor's Hospital where he underwent CT scans of the head and
heart. In his letter addressed to petitioner, the company-designated physician reported
that the result of the CT scan conducted on Ernesto' showed, among others, that he
has an "old infarct in the left superior aspect of the left cerebellum."[8] On December
13, 2013, Ernesto was discharged from the hospital. Subsequently, he consulted
another physician who diagnosed him to be suffering from Hypertensive Atherosclerotic
Cardiovascular Disease and Cerebrovascular Disease and was advised to cease from
working as a seaman due to his neurologic deficits.[9]
On the basis of the findings of his own doctor, Ernesto, on March 14, 2014, filed the
above-mentioned complaint praying that he be awarded the following: US$60,000.00
as total and permanent disability benefits; sickness allowance equivalent to 120 days;
medical and transportation expenses in the amount of P62,514.64; P100,000.00 as
moral damages; P100,000.00 as exemplary damages; and, 10% of the total judgment
award as attorney's fees.[10]
Thereafter, the parties filed their respective Position Papers[11] and Replies.[12]
On September 8, 2014, the LA rendered a Decision in petitioner's favor by dismissing
the complaint for lack of merit.
Respondent appealed the Decision of the LA to the NLRC.
On June 25, 2015, the NLRC promulgated its Decision and disposed as follows:
WHEREFORE, the instant appeal is PARTLY GRANTED. The assailed Decision
dated September 8, 2014 is hereby AFFIRMED with MODIFICATION in that
respondent Loadstar International Shipping Inc. is ordered to pay
complainant the following:
1. Sickness allowance in the amount of US$2,328.00
2. Medical and transportation expenses in the amount of P31,738.18.
All other claims are DISMISSED for lack of merit.
SO ORDERED.[13]
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64139
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