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On May 18, 2012, Dr. Quetulio noted that Paringit hesitated to undergo the
recommended open-heart surgery and wanted to undergo a herbal treatment instead.
[21]
On June 4, 2012, Paringit consulted Dr. May S. Donato-Tan (Dr. Donato-Tan), a
cardiologist at the Philippine Heart Center. After evaluating Paringit and reviewing the
results of his laboratory examinations, Dr. Donate-Tan concluded that with his heart
condition, he would need regular medication, further laboratory procedures, and
periodic check-ups with a cardiologist to prevent any aggravation of his illness. She
declared him to be permanently disabled and unfit for duty as a seaman.[22]
On June 11, 2012, Paringit filed a Complaint[23] for medical expenses and other money
claims against Global Gateway Crewing Services, Inc. (Global Gateway),[24] Mid-South
Ship & Crew Management, Inc., Seaworld Marine Services, S.A., and Captain Simeon
Flores (Captain Flores), president of Global Gateway.
On June 13, 2012, Paringit executed a quitclaim,[25] where he acknowledged receiving
US$6,636.70 from St. Tsavliris Hellas as his sickness allowance from February 8, 2012
to June 8, 2012.
On June 18, 2012, Dr. Quetulio informed Global Gateway that Paringit seemed hesitant
to undergo the recommended operation and instead opted for herbal treatment. She
also stated that Paringit's heart condition was preexisting, not work-related.[26]
After the parties failed to settle the issue, they were directed to submit their respective
position papers.[27]
In her October 4, 2012 Decision,[28] Labor Arbiter Lilia S. Savari (Labor Arbiter Savari)
granted Paringit's Complaint. She found that his various illnesses were work-related or
work-aggravated, brought about by the type of food served and the stressful nature of
his job aboard the ship.
Further, Labor Arbiter Savari found that since Dr. Donato-Tan declared Paringit's
unfitness to work as a seafarer, his disability was total and permanent.[29]
The dispositive portion of Labor Arbiter Savari's Decision read:
WHEREFORE, a Decision is hereby rendered ordering Respondents jointly
and severally to pay Complainant permanent total disability Grade 1, in the
amount of US$60,000.00 plus 10% thereof as and by way of attorney's
fees.
SO ORDERED.[30] (Emphasis in the original)
Global Gateway and Captain Flores appealed Labor Arbiter Savari's Decision before the
National Labor Relations Commission.[31]
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64956
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