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should undergo surgical operation of his umbilical hernia and multiple gallbladder
stones at the soonest time possible. On January 25, 2005, the medical procedures
called umbilical herniorrhapy and laparoscopic cholecystectomy were performed on him
at the Philippine General Hospital where he was confined for five (5) days, from
January 25 to 29, 2005, under the care of Dr. Jose Macario V. Faylona (Dr. Faylona).
On February 8, 2005, as he could still feel the symptoms of his illness, Andrada
consulted Dr. Efren R. Vicaldo (Dr. Vicaldo) of the Philippine Heart Center. In his
medical certificate, Dr. Vicaldo came out with the following prognosis: Hypertension,
essential; Gall bladder stone; S/P laparascopic cholecystectomy; Umbilical Hernia, S/P
repair; Impediment Grade VIII (33.59%). Dr. Vicaldo opined that Andrada's illness was
considered work aggravated/related. He concluded that Andrada was unfit to resume
work as a seaman in any capacity and could not be expected to land a gainful
employment due to his medical condition.[3]
Record bears out that Dr. Faylona, through a letter, dated March 14, 2005, certified that
Andrada was “fully recovered from the surgery and is now fit to work.”[4] On March 21,
2005 or almost two months after his surgery, Andrada submitted himself to a medical
check-up at the YGEIA Medical Clinic. In the progress report, dated March 22, 2005, Dr.
Maria Cristina L. Ramos (Dr. Ramos), the medical director of YGEIA Medical Clinic,
declared Andrada as fit to work effective March 22, 2005.[5] On April 21, 2005,
Andrada signed the Deed of Release, Waiver and Quitclaim wherein he acknowledged
receipt of the amount of $3,501.53 or its peso equivalent of P192,357.41.[6] The said
deed stated that Andrada was thereby releasing and discharging the respondents from
all actions, complaints and demands on account or arising out of his employment as a
seaman on board M/T Superlady.[7]
Notwithstanding,
Andrada
demanded
payment
of
disability
and
illness
allowance/benefits from the respondents pursuant to the Philippine Overseas
Employment Administration (POEA) Standard Employment Contract (POEA-SEC) on the
basis of the findings/recommendations of Dr. Vicaldo. His claims were refused.
On May 26, 2005, Andrada filed a complaint[8] for the recovery of disability benefits,
sickness allowance, reimbursement of medical expenses, damages, and attorney's fees
against the respondents. The parties were required to submit their respective position
papers due to their failure to amicably settle their disputes during the mandatory
conciliation conference.
On January 9, 2007, Labor Arbiter Ramon Valentin C. Reyes (LA) rendered judgment
and ruled that Andrada was entitled to disability benefits. The LA opined that his
inability to perform his work for more than 120 days constituted permanent total
disability. He gave scant consideration on the two certifications separately issued by Dr.
Faylona and Dr. Ramos which he considered self-serving and biased in favor of the
respondents and certainly could not be considered independent. The LA said that his
umbilical hernia was contracted during his employment with the respondents for the
last ten (10) years because his job entailed the lifting of heavy food provisions. He
added that considering this long stint with the respondents, Andrada’s nonelibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55246
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