5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly Upon arrival in Manila, Alberto was referred to Dr. Justo Cammayo at the Manila Doctors Hospital. Alberto underwent a series of medical treatment and examination that included an electrocardiogram, a computed tomography scan of the head, a 2-D Echocardiogram, a Chest X-ray, a Cervical Spine Aplo Series, and a Coronary Angiogram.[10] On March 30, 2004, Alberto underwent coronary artery bypass surgery due to a “three vessel Coronary Artery Disease.”[11] On April 14, 2004, Alberto was discharged from the Manila Doctors Hospital. The doctors, however, failed to either declare him as “fit to return to work” or to assess his disability grading. Thus, Alberto sought the opinion of Dr. Efren Vicaldo, a private doctor-cardiologist, who diagnosed Alberto’s disability as “Hypertensive cardiovascular disease; Coronary artery disease; 2 vessel involvement; S/P Coronary artery bypass graft surgery; S/P Cerebrovascular accident.” Dr. Vicaldo assessed Alberto’s disability as “impediment grade 1” and declared the latter as “unfit to resume work as seaman in any capacity[,]” and “not expected to land a gainful employment given his medical background.”[12] The LA’s Ruling In view of Dr. Vicaldo’s assessment, Alberto claimed from the respondents’ disability benefits and sickness allowance pursuant to the Philippine Overseas Employment Administration Standard Employment Contract (POEA-SEC). The respondents denied Alberto’s claim. Hence, Alberto filed before the LA a complaint for disability benefits, illness allowance, reimbursement of medical expenses, damages and attorney’s fees. In a decision dated May 31, 2005,[13] the LA granted Alberto’s claims. The LA ordered the respondents to pay Alberto the total amount of US$68,886.40 or its Philippine Peso equivalent at the prevailing rate of exchange; it consisted of disability benefits (in the amount of US$60,000.00), sickness allowance (in the amount of US$2,624.00 or Alberto’s basic monthly wage of US$656.00 for four months), and attorney’s fees equivalent to 10% of the monetary award. According to the LA, Alberto contracted his illness during the term of his contract with the respondents and because of his constant exposure to extraneous work. Hence, he is entitled to disability benefits. Also, the LA noted that the respondents’ designated physician failed to assess Alberto’s impediment grading within the POEA-SEC mandated 120-day period. Thus, the LA declared Alberto as likewise entitled to sickness allowance equivalent to 120 days, absent proof that the respondents had already paid Alberto this benefit. The LA, however, denied Alberto’s claims for reimbursement of medical expenses and damages for lack of substantial basis. The NLRC’s Ruling In its March 10, 2006 resolution,[14] the NLRC affirmed the LA’s decision with modification. The NLRC held that the nature of Alberto’s job and his duties as “pumpman” on board the vessel “MT Neptune Glory” proximately caused or, at the least, contributed to the elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57200 2/13