6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly moral and exemplary damages; and 10% attorney's fees. In their joint Position Paper,[26] Reply,[27] and Rejoinder,[28] petitioners argued that respondent boarded M/V "Tahitian Princess" on June 17, 2007 and disembarked upon completion of his contract on March 9, 2008, which meant that he completed his contract prior to contracting of his illness; that respondent's illness is not work-related as declared by the company-designated physician in a Medical Report[29] dated March 27, 2009, which thus justified their denial of respondent's disability claim; that despite such finding, they continued with respondent's treatment and shouldered all the medical expenses he incurred; that the company-designated physician's March 27, 2009 assessment should prevail in deciding respondent's case; that the supposed ITFCBA is inapplicable in this case, since respondent's illness was not title result of an accident - a pre-condition under said ITF-CBA; and that respondent is not entitled to his other claims since they have fulfilled their contractual obligations in good faith, which thus leaves respondent without a valid cause of action. They prayed for the dismissal of respondent's Complaint and recovery, by way of counterclaim, of P500,000.00 as and for attorney's fees and litigation expenses. On April 20, 2010, the Labor Arbiter rendered a Decision[30] dismissing the respondent's Complaint for lack of merit, stating thus: ISSUES: 1. Is complainant entitled to permanent disability compensation in the amount of US$80,000.00? 2. Is complainant entitled to reimbursement of full medical cost for treatment of illness, sick wages for "130 days"? 3. Is he entitled to moral and exemplary damages plus attorney's fees? Before these issues are resolved, this Arbitration branch takes note that in Respondents'[31] Position Paper, Annex "3", which is alleged as the Medical Report dated 27 March 2009 of the company-designated physician, is not attached thereto. Be that as it may, it appears on the records that on March 12, 2009, Dr. Lana Strydom, in the Medical Referral Letter, diagnosed complainant and requested/recommended that complainant needs to be treated with the following: "1. CXR, Echo, Stress Test and Angiogram 2. Cardiologist Specialist consultation 3. Repeat Monitoring of U & E 4. Needs another seafarer's fitness to work at sea medical before next contract." elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61296 3/20