On January 31, 2001, the ophthalmologist pronounced the petitioner fit to
resume his seafaring duties per the report of Dr. Robert D. Lim, Medical
Coordinator.[6] The petitioner then executed a certificate of fitness for work in
the presence of Dr. Lim.[7]Claiming that he continued to experience gradual
visual loss despite the treatment, he sought a second opinion from another
ophthalmologist, Dr. Patrick Rey R. Echiverri, who was not a companydesignated physician. Dr. Echiverri gave the opinion that the petitioner was not
fit to work as a pumpman because the job could precipitate the resurgence of his
former condition.
On March 20, 2001, the petitioner submitted himself to another
examination, this time by Dr. Efren R. Vicaldo, a physician who was not also
designated by the company. Dr. Vicaldo opined that although the petitioner was
fit to work, he had a Grade X (20.15%) disability which he considered as
permanent partial disability.
Armed with these two separate diagnoses, the petitioner demanded from his
employer payment of disability and sickness benefits, pursuant to the Philippine
Overseas Employment Administration Standard Employment Contract
Governing the Employment of all Filipino Seamen on Board Ocean-going
Vessels (POEA Standard Employment Contract), and the existing CBA in the
company. The company did not heed his demand, prompting the petitioner to
file a complaint for disability benefits, sickness allowance, damages and
attorneys fees, docketed as NLRC NCR OFW Case No. (M) 01-050809-00.
On January 14, 2003, Labor Arbiter Madjayran H. Ajan rendered a decision in
the petitioners favor.[8] The Arbiter ordered Hammonia and Atlantic Marine to
pay the petitioner, jointly and severally, sickness allowance of US$ 2,568.00
and disability benefits of US$ 60,000.00 under the CBA, and 10% of the
monetary award in attorneys fees.
The respondents appealed to the National Labor Relations Commission
(NLRC) which rendered a decision on March 19, 2004 reversing the Labor