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examining physician declared him "fit for duty" and so he resumed his work in the
vessel.
In January 2009, petitioner again complained of similar symptoms, excessive cough
with phlegm and difficulty breathing, and, was again referred for further medical
examination in the Netherlands. This time he was confined at ZorgSaam Hospital from
20 January 2009 to 12 February 2009 where he was diagnosed with "Dilated
Cardiomyopathy secondary to Viral Myocarditis," a condition which would require
further medical treatment and management. Considering the seriousness of his
ailment, petitioner's repatriation back to the Philippines was recommended by doctors.
Escorted by a physician, petitioner arrived in the Philippines on 14 February 2009 and
was immediately confined at the Metropolitan Medical Center. After a series of tests, it
was found that petitioner was suffering from "Dilated Cardiomyopathy, Bicuspid Aortic
Stenosis, " rendering him unfit for any sea duty.[5]
Claiming that his illness that rendered him totally unfit for any sea duty is work-related,
petitioner sought for the payment of permanent disability benefits but respondents
failed or refused to acknowledge that they are liable under the CBA. This prompted
petitioner to initiate an action for recovery of permanent disability benefits in
accordance with the NIS CBA, moral and exemplary damages, attorney's fees and other
benefits. Petitioner asserted that he was in good health when he joined the vessel and
assumed his duties as chief cook as shown by his PEME. There is a high probability,
however, that the extreme working conditions in the vessel, the lifestyle on board,
constant exposure to chemicals, intensive heat and extreme weather changes caused
to or aggravated his illness. He asserted that he is entitled to the amount of
US$110,000.00 as disability compensation under Article 12 of the NIS CBA.
For their part, respondents disavowed liability for the illness of petitioner citing the
medical report of the company designated physician that "Dilated Cardiomyopathy,
Bicuspid Aortic Stenosis" is a condition that is congenital in nature and is not caused or
aggravated by his work as a Chief Cook. They posited that due to non-exploratory
nature of PEME, serious diseases that require intensive test could not be discovered
before the seafarer's employ. There is a high probability therefore that petitioner could
be suffering from the said ailment prior to his engagement
For failure of the parties to reach an amicable settlement, reception of position papers
from respective parties ensued and the case was eventually submitted for the
resolution of the Labor Arbiter.
On 14 January 2010, the Labor Arbiter rendered a Decision in favor of petitioner, and,
ordered respondents to pay him total disability benefits in the amount of US$
110,000.00 pursuant to the CBA. The dispositive portion of the Labor Arbiter's Decision
reads:
WHEREFORE, premises considered, judgment is hereby rendered ordering
respondents to pay [petitioner] jointly and severally the following:
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61708
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