6/8/2020
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suffering from
Hypertensive Cardiovascular Disease
Coronary Artery Disease, one vessel
(left anterior descending artery)
Impediment Grade IV (68.66%).[5] (Underscoring supplied)
And petitioner was declared "unfit to resume work as seaman in any capacity" as "his
illness is considered work-aggravated" to which regular "lifetime medication to control
his blood pressure [and] to prevent reocclusion of his coronaries."[6]
Petitioner thereupon asked respondents for full permanent disability benefits, but was
unsuccessful, hence, he filed on July 14, 2003 a complaint to recover permanent total
disability compensation, damages and attorney's fees before the National Labor
Relations Commission (NLRC) Arbitration Office in Quezon City.[7]
Respondents maintained that petitioner is not entitled to disability benefits in view of
the company-designated physician's certification of fitness to resume former work.[8]
The parties later agreed to refer petitioner for examination by a third physician, Dr.
Reynaldo P. Fajardo (Dr. Fajardo) of the Philippine Heart Center[9] who, on July 20,
2004, issued a Medical Certificate[10] with findings similar to those of Dr. Vicaldo's, viz:
Hypertensive Cardiovascular Disease / Coronary Artery Disease,
Chronic Stable Angina, Single Vessel Involvement (Left Anterior Descending
[A]rtery), S/P Percutaneous Coronary Intervention, Class II-III
Impediment Grade IV (68.66%) (Underscoring supplied),
after noting that petitioner's "history of effort-related angina since July 12, 2002 [has]
persisted up to the present"; that "[d]espite Percutaneous Coronary Intervention done
on [him], several factors predisposing to recurrence of coronary events can be
aggravated by [his] continued employment"; and that his illness is "work-related
stress."[11]
By Decision of June 23, 2005, Labor Arbiter Daniel J. Cajilig found for petitioner,
awarding US$60,000 disability compensation to petitioner, in this wise:
[S]ince it has not been denied that complainant is a member of the
seaman's Union, perforce, his claims must be based on the provision of the
existing CBA which provides as follows:
20.1.4. Compensation for Disability
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/51050
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