6/7/2021
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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
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