only on April 25, 1997,15[15] May 23, 1997,16[16] September 16, 1997,17[17] and
October 28, 1997,18[18] but he voluntarily discontinued said treatment and did not
show up for the follow-up examination on December 2, 1997. Thus, the companydesignated physician was not given ample opportunity to properly treat Bastol’s
ailment and did not have sufficient chance to assess and determine his disability
grade, if any.
On January 28, 1999, Labor Arbiter Mayor, Jr. rendered a Decision based on
the parties’ respective position papers19[19] and the documentary evidence
presented in NLRC NCR OFW Case No. 98-05-0801, the decretal portion reading:
WHEREFORE, in view of all the foregoing, respondents Oriental
Shipmanagement Co., Inc. and Paterco Shipping Ltd. are hereby ordered to jointly
and severally pay complainant the sum of US$60,000.00 or its peso equivalent at
the time of payment plus the sum equivalent to ten (10%) percent of the award or
in the amount of US$6,000.00 as and by way of attorney’s fee.
SO ORDERED.20[20]
15[15] Id. at 61, letter dated April 25, 1997.
16[16] Id. at 62, letter dated May 24, 1997.
17[17] Id. at 63, letter dated September 16, 1997.
18[18] Id. at 64, letter dated October 28, 1997.
19[19] Id. at 37-43, Position Paper of Bastol, dated September 21, 1998; id. at 52-59,
Respondents’ Position Paper dated November 24, 1998.
20[20] Id. at 78.