6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly This is the response of our gastroenterologist further to your inquiry regarding Mr. Dedace, Jr. 1) Question: Is the illness of Mr. Dedace work-related or not and the specific basis thereof. Answer: Mr. Dedace has two benign nodules in the liver which were noted by CT scan and fine needle aspiration biopsy. Our gastroenterologist opined that these lesions are not work[-]related. DIAGNOSIS: Disseminated sepsis with multiple liver abscess. Liver nodules, benign.[13] On 7 June 2004, Phil-Man, through its President/General Manager, Captain Manolo T. Gacutan wrote a letter to Dedace informing him that his illness is not work-related and therefore not compensable. Dedace was further informed that all payments and treatment will be stopped and any further claims with regard to his condition shall likewise be denied.[14] This denial prompted Dedace to file his claims before the NLRC. The LA Ruling In its decision, the LA ruled that Dedace's illness was not work related. It observed that Dedace failed to prove that his Disseminated Sepsis with Multiple Liver Abscesses is among the compensable occupational diseases listed under Section 32-A of the 2000 Philippine Overseas Employment Administration-Standard Employment Contract for Filipino Seafarers (POEA-SEC). As such, there is neither factual nor legal basis for the claim of total and permanent disability benefits. Nevertheless, the LA awarded Dedace sickness allowance equivalent to thirty (30) days of pay. It reasoned that while there was no basis for total and permanent disability benefits, it is undisputed that Dedace suffered from some illness, for which Phil-Man even paid him sickness allowance in an amount equivalent to ninety (90) days of his salary. Thus, considering that Section 20(B), paragraph 3 of the POEA-SEC allows payment equivalent to an amount not exceeding one hundred and twenty (120) days of salary, the LA deemed it proper to award Dedace an amount equivalent to the remaining thirty (30) days of his salary. The dispositive portion of the decision states: WHEREFORE, respondents are hereby ordered to pay complainant the amount of US$465.00 as sickness allowance plus attorney's fees equivalent to US$46.50 or its equivalent in Philippine peso at the time of payment. The other money claims are hereby DENIED for lack of merit.[15] Unsatisfied, Dedace appealed before the NLRC. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64366 3/13