6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly involvement;" the recommendation was for him to undergo coronary artery bypass graft surgery (CABG[12]).[13] On July 6, 2009, respondent underwent percutaneous coronary intervention[14] or angioplasty instead of the recommended bypass surgery. The angioplasty was a mere outpatient procedure.[15] Respondent underwent angioplasty instead of bypass surgery because he could not afford the latter procedure, as it was he who was paying for his treatment.[16] Petitioners did not provide medical and financial assistance after respondent's initial diagnosis.[17] It was respondent alone who chose the hospital and procedure for the treatment of his condition, with full consideration of the cost and expenses of treatment.[18] In a July 6, 2009 Cardiac Catheterization Laboratory Report[19] issued after respondent's angioplasty, the attending physician recommended the administration of dual antiplatelets[20] and that medical care or management of respondent's condition should be "maximized." On September 25, 2009, respondent sought the opinion of an independent physician, Dr. Efren R. Vicaldo (Dr. Vicaldo), who issued a Medical Certificate[21] declaring that respondent is unfit to resume work as seaman in any capacity; that he requires maintenance medication to control his hypertension to prevent cardiovascular complications such as worsening coronary artery disease, stroke and renal insufficiency; and that respondent is not expected to land gainful employment given his medical background. Ruling of the Labor Arbiter Prior to Dr. Vicaldo's assessment, or on July 27, 2009, respondent filed a Complaint[22] against Magsaysay, Princess Cruise, and their co-petitioner Eduardo U. Manese (Manese) - Magsaysay Owner/President/General Manager - for recovery of permanent total disability and sickness benefits, reimbursement of medical and other expenses, moral and exemplary damages, and attorney's fees, which was docketed in the NLRC, National Capital Region, Quezon City as NLRC NCR Case No. OFW (M)-07-10662-09. In his Position Paper,[23] Reply,[24] and Rejoinder,[25] respondent claimed that petitioners acted in bad faith in refusing to provide medical and financial assistance to address his heart condition, which he claimed was contracted during his employment with the latter; that he has been rendered and declared permanently and totally disabled, which thus entitled him to the maximum corresponding benefits; that petitioners unjustly refused to indemnity him, which further entitled him to actual, moral and exemplary damages, and attorney's fees for being compelled to litigate; and that in addition, he was entitled to indemnity under an International Transport Federation Collective Bargaining Agreement (ITF-CBA). Thus, respondent prayed that he be paid US$80,000.00 as permanent disability compensation; US$2,275.00 sickness compensation; P463,240.31 as reimbursement for medical expenses incurred; P16,700.00 as reimbursement for transportation expenses; P600,000.00 combined elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61296 2/20

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