4/9/2020
E-Library - Information At Your Fingertips: Printer Friendly
of the heart and hypertension. For two months, he underwent a series of treatment at
respondents’ expense. On August 25, 2000, petitioner was declared fit to return to
work since the diagnosis of the company-designated physician already showed
controlled hypertension with the concomitant advice, however, of continuous
medication for life.[9] Petitioner thereafter executed on September 8, 2000, a release
and quitclaim[10] in favor of respondents wherein he acknowledged receipt of
US$1,136.67 corresponding to his sickness allowance, thereby releasing his employer
from future claims and actions.
Proceedings before the Labor Arbiter
Despite the execution of the aforesaid release and quitclaim, petitioner, on November
7, 2001, filed a complaint[11] against respondents before the Arbitration Branch of the
NLRC to claim full disability benefits amounting to US$60,000.00 pursuant to the POEASEC; moral and exemplary damages for P1,000,000.00 and P200,000.00, respectively;
and, 25% attorney’s fees. Petitioner claimed that his illness continued to worsen
despite the fit to work assessment of the company-designated physician, rendering him
unfit for sea service and entitling him to total and permanent disability compensation.
To support this, petitioner presented: 1) a medical certificate[12] dated January 11,
2001 issued by Dr. Efren R. Vicaldo (Dr. Vicaldo), whose evaluation revealed that
petitioner was suffering from hypertensive cardiovascular disease, concentric left
ventricular hypertrophy, lateral wall ischemic and who suggested a Grade V impediment
rating; and 2) a medical certificate[13] dated June 16, 2001 issued by Dr. Jocelyn Myra
R. Caja (Dr. Caja), who recommended close monitoring of petitioner’s medical condition
and limitation of his daily activities. Dr. Caja, in the same certification, also gave
petitioner a disability rating of Grade 3 and declared him unfit to work.
Respondents, on the other hand, argued that petitioner is not entitled to any disability
compensation as he was declared fit to return to work as a seaman on August 25, 2000
after undergoing two months of medical treatment at respondents’ expense.
Respondents further claimed to have settled its obligation to petitioner when the latter
received the amount of $1,136.67 as full settlement of his claims including sickness
allowance, as evidenced by a release and quitclaim duly executed and signed by him.
In a Decision[14] dated January 21, 2003, the Labor Arbiter dismissed the complaint of
petitioner considering that the certifications he presented do not outweigh the
company-designated physician’s fit to work assessment. According to the Labor Arbiter,
the certifications of disability issued by petitioner’s physicians were made long after he
was declared fit to work and were based only on petitioner’s single consultation with
each of them. In contrast, respondents dutifully complied with their obligations under
the employment contract by providing petitioner with medical assistance at the foreign
port, repatriating him at their expense, providing him with medical examination and
treatment, paying his sickness allowance, and assessing him to be fit to return to work.
The claims for damages and attorney’s fees were also denied.
Proceedings before the National Labor Relations Commission
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/54687
2/12