5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly Vicaldo), at the Philippine Heart Center. After conducting a medical examination and evaluation, Dr. Vicaldo issued a medical certificate indicating that Victor was diagnosed with Hypertension, Stage II, and Pulmonary Tuberculosis.[13] He gave Victor an impediment grade VIII (33.59%)[14] and further declared him unfit to resume work as a seaman in any capacity, and that his illness was considered work-aggravated.[15] Victor contended that during the course of his treatment, he regularly informed InterOrient of his sickness. However, he was neither apprised of his rights to nor paid sickness allowance amounting to US$940.00 as mandated in the Philippine Overseas Employment Agency (POEA) 2000 Amended Standard Terms and Conditions of Employment Contract Governing Seafarers (POEA Contract). And as his requests for payment of the said allowance were consistently ignored, he filed with the Labor Arbiter on August 28, 2003 a Complaint for permanent disability benefits for pulmonary tuberculosis, medical reimbursement, sickness allowance, compensatory, moral and exemplary damages, and attorney’s fees against InterOrient and Calidero. In its Position Paper,[16] InterOrient negated Victor’s claim for disability benefits averring that the same has no factual, contractual or legal basis. It argued that his discharge from the vessel was not occasioned by any illness or injury sustained or contracted on board but was simply due to completion or expiration of his contract; that he voluntarily executed a Receipt and Release document wherein he acknowledged that he had not contracted any illness while on board; that he was released in good and perfect health; and that there is no clear evidence that shows his entitlement to the benefits or damages being claimed. Ruling of the Labor Arbiter In his Decision[17] of November 28, 2003, the Labor Arbiter noted that there is nothing on record to show that Victor ever made any formal claim for sickness allowance, medical benefits and disability benefits while on board the vessel or immediately after his repatriation. Neither did he submit to, nor apply for any post-employment medical examination within three days from his repatriation – a requirement for claims for sickness and disability benefits. Instead, his Complaint to recover benefits based on the claim that he contracted sickness on board the vessel was only filed 15 months after his repatriation. The Labor Arbiter took judicial notice of the fact that seamen enjoy the most generous and liberal medical and disability benefits of all overseas workers. Thus, he deemed it contrary to logic, reason and experience for Victor not to claim medical and sickness benefits if he really was ill while on board the vessel, or immediately after his repatriation. In conclusion, the Labor Arbiter held that InterOrient cannot be held liable for Victor’s claims since he must have contracted his ailment after repatriation and not while aboard the vessel, not to mention that the contract between the parties had already expired. Hence, the dispositive portion of the said Decision reads: WHEREFORE, premises considered, the complaint is hereby dismissed for lack of merit. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57627 3/19