shown in the Quitclaim which complainant signed on 28 October 1996. On
that day, the employer-employee relations of complainant and
respondents ceased. It was in January, 1997, when complainant reapplied for another employment contract with respondents and when he
had to undergo a medical test that this illness of Hypertensive
Cardiovascular Disease with Ischemia was diagnosed. By this time, he
was not yet employed with respondents. The records even show that he
withdrew his application on 7 February 1997. In April 29, 1997, he filed
this case.
We cannot agree with complainant that this illness was with him
already while he was employed with respondents for as pointed out by
respondents in their Reply and Appeal, complainant failed to show proof
that his illness was work-connected or that he was suffering from it already
while he was on board Helikon.
It is then erroneous for the Labor Arbiter to apply the POEA
Standard Employment Contract and TCC-CBA either for disability benefits
or medical expense reimbursement in favor of complainant in the absence
of employment relations.
xxxxxx
Consequently, the award of damages and attorneys fees must be
deleted.
WHEREFORE, premises considered, the appeal is GRANTED. The
Decision appealed from is VACATED and a new one entered
DISMISSING instant complaint for lack of merit.
SO ORDERED.
Respondent then filed a motion for reconsideration but was denied by
the NLRC in a Resolution dated January 29, 1999.
Consequently, on April 14, 1999, respondent filed with the Court of
Appeals a petition for certiorari alleging that the NLRC committed grave abuse
of discretion in dismissing the complaint; in finding that he was diagnosed
with hypertensive cardiovascular disease; and in declaring unfit for duty after
the termination of his services.
In a Decision dated September 30, 1999, the Court of Appeals reversed
the NLRC Decision, holding that: