6/7/2021 E-Library - Information At Your Fingertips: Printer Friendly Lloyd voluntarily requested his repatriation. Likewise, Lloyd's failure to immediately report to the company-designated physician will not prevent him from claiming disability compensation. The reportorial requirement is only a condition sine qua non for entitlement to sickness allowance,[7] thus: At the outset, while it may be conceded that the instant complaint was only filed several months after the complainant's repatriation and that there was no record at all that shows that complainant was repatriated due to his present illness, this Office, however, cannot help but consider the glaring fact that complainant, for one reason or another, had failed to finish his last contract with respondent, x x x [T]his Office finds the respondents' allegation that it was complainant who requested for his early repatriation bereft of any evidentiary support. As correctly pointed out by the complainant, respondents could have easily presented pertinent evidence, [i.e.] master's report, to prove such an allegation. This notwithstanding, respondents, for no apparent valid reason, lifted no finger to do so, thus, renders their stance, highly suspect, x x x xxxx In addition, anent the respondents' contention that complainant failed to report within three days after his repatriation, be that as it may, this, albeit assailed by complainant, does not detract from the complainant's entitlement to full disability compensation. It should be stressed that compliance with the provision of the POEA Contract on the reportorial requirement is a condition [sine qua non] only for claiming sickness allowance and not for a total permanent disability benefits, x x x Thus, granting that complainant had failed to report within three days, albeit he insisted that he indeed reported but respondents refused to accommodate him, complainant had merely waived, in effect, his right to sickness allowance and never his complaint for total and permanent disability. xxxx WHEREFORE, premises considered, judgment is hereby rendered declaring the complainant entitled to total and permanent disability benefits in the amount of USD 60,000.00 under the POEA Contract, [sic] and attorney's fee equivalent to ten percent of the said amount. However, all other claims, including the claim for moral and exemplary damages are denied for lack of factual basis. SO ORDERED.[8] (Emphases supplied.) Dissatisfied, both parties appealed to the NLRC. Maryville Manila and Maryville Maritime maintained that Lloyd is not entitled to any disability benefit. In contrast, Lloyd argued that the LA should grant him double compensation benefit due to disability in high risk https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66675 2/13

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