6/7/2021 E-Library - Information At Your Fingertips: Printer Friendly areas.[9] On August 29, 2014, the NLRC reversed the LA's findings and dismissed Lloyd's complaint. It ratiocinated that Lloyd failed to establish that he was repatriated for medical reasons. Also, it held that the reportorial requirement applies to claims for disability compensation. Lastly, there was no reason to relax the requirement absent evidence that Lloyd was incapacitated to submit himself to post-employment medical examination before the company-designated physician or that he had submitted a written notice to that effect,[10] viz.: WHEREFORE, premises considered, respondents' appeal is GRANTED and the Labor Arbiter's Decision dated February 28, 2014 is VACATED AND SET ASIDE. A new one is hereby entered DISMISSING complainant-appellant's complaint for total and permanent disability benefits. Accordingly, his partial appeal is DENIED for lack of merit SO ORDERED.[11] Unsuccessful at a reconsideration,[12] Lloyd elevated the case to the CA through a petition for certiorari docketed as CA-G.R. SP No. 138222. On September 1, 2016, the CA set aside the NLRC's Decision and reinstated the LA's award of total and permanent disability benefits. The CA cited Baron, et al. v. EPE Transport, Inc., et al.[13] and Barros v. NLRC[14] and ruled that the burden rests upon Maryville Manila and Maryville Maritime to prove that Lloyd was not medically repatriated. It also cited Career Philippines Shipmanagement, Inc., et al. v. Serna[15] and held that Lloyd sought medical examination but was refused, thus: There is no dispute that the Petitioner was repatriated before the end of his contract with the Private Respondent. The parties, however, cannot agree on the reason for such repatriation. As there is no showing of a clear, valid, and legal cause for the Petitioner's repatriation, the issue will, therefore, be resolved in like manner as claims for illegal dismissal, which means that the burden is on the employer to prove that the termination was for a valid or authorized cause. xxxx As for the post-employment medical examination requirement, both the Petitioner and the Private Respondents failed to present supporting evidence of their contrasting claims. On the part of the Petitioner, he failed to show proof that he was refused medical examination while, on the part of the Private Respondents, the latter failed to present proof that the Petitioner made such a request. Pertinent on this score is the Supreme Court's pronouncement in Career Philippines Shipmanagemeni, Inc., et al. v. Serna, viz.: xxx While Serna's verified claim with respect to his July 14, 1999 visit to the petitioner's office may be seen by some as a bare allegation, we note that the petitioners' corresponding denial is itself also a bare allegation that, worse, is unsupported by other https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66675 3/13

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