4/29/2020
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and movement disorder (Ataxia) affecting the left side upper and lower extremities.[10]
Based on such condition, he was deemed to have impediment Grade 1 disability and
was deemed unfit for sea duty.[11]
On November 18, 1999, Enrique consulted with Dr. Efren Vicaldo for the assessment of
his disability and for which the latter issued a medical certificate[12] on the same day
confirming the former's disability as rated Grade 1. Thus, Enrique claimed from
respondents disability and other benefits which were all denied.
Consequently, Enrique filed with the LA a Complaint[13] for disability benefits, illness
allowance, reimbursement of medical expenses, damages and attorney's fees. He
alleged that after working with respondents as a seaman for 7 months, he was placed
on repatriated illness on November 30, 1996 and arrived in the Philippines on
December 2, 1996; that from the time he embarked from the vessel up to the filing of
the complaint, he had yet to receive his sickness allowance equivalent to his basic wage
for a period of 120 days; and that since his permanent total disability occurred during
the term of his employment contract, he is entitled to Grade 1 disability under the
POEA Schedule of Benefits in the amount of US$50,000.00. He also asked for moral
and exemplary damages, and attorney's fees.[14]
In their Position Paper,[15] respondents contended that Enrique was not entitled to his
claim on the ground of prescription, since the case was filed after almost three years
from the expiration of the contract; that his failure to institute the case within one year
as prescribed by the rules was fatal, hence, the complaint must be dismissed for lack of
merit. Respondents also argued in their Reply[16] that Enrique was not entitled to claim
for sickness allowance or disability benefits as he failed to comply with the postemployment medical examination within 3 days from his arrival.
On September 29, 2000, LA Daisy G. Cauton-Barcelona issued a Decision,[17] the
decretal portion of which reads:
WHEREFORE, as above discussed, respondents Avantgarde Shipping
Corporation and Sembawang Johnson Management PTE., Ltd. are hereby
ordered jointly and severally to pay the complainant his total disability
benefit (Grade 1) in the amount of FIFTY THOUSAND DOLLARS
(US$50,000.00) and attorney's fees equivalent to ten (10%) percent hereof.
All other claims are dismissed for lack of merit.[18]
In so ruling, the LA found that the proximity of the time of Enrique's arrival in the
Philippines on December 2, 1996 to the time he had his medical examination at the
UDMC Hospital on January 6, 1997 where his x-ray result showed that he was suffering
from pneumonia/tuberculosis foci, and the laboratory results showed high level of blood
sugar, indicated that his sickness was contracted during the term of his employment
contract; that the compensability of an ailment does not depend on whether the injury
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