6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly 3. The disease was contracted within a period of exposure and under such other factors necessary to contract it; 4. There was no notorious negligence on the part of the seafarer. xxxx WHEREFORE, premises considered, [petitioner's] appeal is hereby GRANTED. Accordingly, the assailed Decision is hereby REVERSED and SET ASIDE. Respondents are hereby held jointly and solidarity liable to pay [petitioner] his disability benefit in such amount as may correspond to the impediment grade to be provided by the Employees Compensation Commission. [Petitioner] is hereby directed to strictly comply with the order requiring him to present himself to the Employee's Compensation Commision (ECC) and secure the impediment grade corresponding to his disability. Other claims are dismissed for lack of basis.[8] 3. On petition for certiorari by respondents alleging grave abuse of discretion by the NLRC in granting petitioner's claim for disability benefits, the appellate court reinstated the ruling of the Labor Arbiter denying petitioner's claim: In the instant case, [petitioner] had finished his contract when he disembarked on 12 April 2002. Thus, [petitioner] can no longer claim any benefits under his employment contract. xxxx Before [petitioner] went on board, he was declared fit for work. Never during his work on board, did [petitioner] complain of any medical condition. When he disembarked on finished contract on 12 April 2002, [petitioner] did not complain of any illness nor did he report for medical consultation for any medical condition. He therefore did not qualify for the disability benefits forming part of his employment contract. He did not suffer any medical condition during the term of his contract nor was proof presented that whatever medical condition he complained of was cause by work-related illness or injury as he made no report of any medical condition when he disembarked. In fact he was declared fit for work in the 23 July 2002 Certification issued by Dr. Calanoc of Seamen's Hospital. xxxx That the person qualified to determine the disability benefits of a seafarer is the company designated physician, was again emphasized by the Supreme Court in Vergara v. Hammonia Maritime x x x. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60102 5/15