On April 29, 1997, respondent filed with the Labor Arbiter a complaint for non-payment of disability benefits against petitioner and Rolando C. Adorable, its president and/or general manager, also impleaded as petitioner, docketed as NCR Case No. 97-04-3634. In due course, the Labor Arbiter rendered a Decision dated December 22, 1997, the dispositive portion of which is quoted as follows: WHEREFORE, respondents Bergesen D.Y. Phils., Ind. and Rolando C. Adorable are hereby, jointly and solidarily, ordered to pay complainant Rizalino R. Estenzo as follows: 1. Permanent disability compensation under POEA Standard Employment Contract US $ 60,000.00 2. Moral damages P 100,000.00 3. Exemplary damages P 20,000.00 4. Medical reimbursement P 2,000.00 plus 10% attorneys fees on the total judgment award. All payable in Philippine peso at the exchange rate prevailing at the time of payment. SO ORDERED. Upon appeal, the National Labor Relations Commission (NLRC) promulgated its Decision dated September 30, 1998 reversing the Labor Arbiters Decision and dismissing the complaint, thus: After a judicious review of records herein, we find the appeal of respondents meritorious. We disagree with the argument of the Labor Arbiter in that after the sale of vessel Helikon and the repatriation of complainant, complainants services were deemed uninterrupted by a cause not attributable to his fault or his own making. This argument is untenable because after the sale of Helikon, complainant was repatriated on 20 September 1996 and was paid separation pay of two months salary which he accepted voluntarily as

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