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Allegedly, despite his medications, his condition persisted. He was again examined by
Dr. Hao-Quan and was found to be suffering from "hydroneprosis secondary to UJO,
right" On February 7, 2011, he underwent "nephrectomy, right and cystocopy" On
February 16, 2011, he again consulted Dr. Hao-Quan who diagnosed him with
"hydroneprhrosis secondary to UJO, right; s/p nephrectomy, right and cystoscopy."
Meanwhile, Suarez consulted a doctor of his choice, Dr. Manuel C. Jacinto, Jr., who
found him with "hydronephrosis secondary to UJO, right; gastric ulcer/erosion; h.pylori
infections chronic pyelonephritis right kidney." Dr. Jacinto declared Suarez no longer fit
to work as a seafarer,[6] prompting him to file the complaint. He prayed for permanent
total disability compensation of US$89,100.00 under the AMOSUP CBA.
To substantiate his claim, Suarez alleged that he had become unfit to work since he
was repatriated on December 23, 2010, and because of his condition, no employer in
his right mind would hire him. He further alleged that under the permanent medical
unfitness clause of the CBA, he is entitled to permanent disability benefits, regardless
of his disability grade.
The petitioners, for their part, confirmed that upon his disembarkation, Suarez was
subjected to medical examinations, treatments and surgical procedures by the
company-designated doctors. They stressed that the medical report of his January 13,
2011 check-up indicated (based on the DTPA scan) that his right kidney was almost
non-functional and his left kidney had normal perfusion. He was diagnosed with
"hydronephrosis secondary to UJO, right."[7]
In her January 31, 2011 medical report,[8] MMC Asst. Medical Coordinator, Dr. Mylene
Cruz-Balbon, declared that Suarez's UJO was not work-related. Thereafter, or on
February 7, 2011, after undergoing specialized medical tests, Suarez was subjected to
prescribed major surgical procedures — cystoretrograde pyelography and nephrectomy,
right kidney. On March 31, 2011, Dr. Cruz Balbon reiterated that Suarez's condition was
not work-related. She also reported that the prognosis of his condition was good,
barring unforeseen circumstances; and that if he is entitled to disability compensation,
his disability grading secondary to loss of 1 kidney is Grade 7[9] Finally or on May 10,
2011, the company urologist, Dr. Ed Gatchalian, declared Suarez fit to work.[10]
The petitioners also pointed out that under the POEA-SEC,[11] Suarez's illness is not an
occupational disease. They maintained that medical studies show that UJO is mainly a
genetic abnormality. Still, they shouldered the cost of his medical treatment until he
was declared fit to work by the company-designated physician. They thus argued that
Suarez's claim for damages and attorney's fees had no basis as their denial of his
demand for disability compensation was not in bad faith.
The Rulings on Compulsory Arbitration
On October 28, 2011, Labor Arbiter (LA) Fedriel S. Panganiban rendered a decision[12]
dismissing the case for lack of merit. LA Panganiban held that Suarez has not offered
any evidence to refute the argument that his illness is not compensable for not being
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60072
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