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When he was refused admission at the Seamen's Hospital, he was forced to secure
medical treatment at the Sto. Niño Medical Specialist and Emergency Clinic as an outpatient. His attending physician was Dra. Geraldine B. Emperador. Her diagnosis
showed he was unfit to work as Master of the vessel.
On May 25, 1992, he referred his claims to Atty. Oscar Torres who repeatedly informed
PTC of the claim for benefits and refund. Sometime in July 1992, he was informed by
Atty. Torres that his claim was being handled by Atty. Augusto Arreza, Jr., PTC's legal
consultant and that they had submitted all the required documents to Atty. Arreza,
including the carbon original of the Medical Certificate issued by Dr. Matti of the
Seamen's Hospital which certificate states that he was not fit to work.
From November 1992 up to the filing of this petition, Atty. Torres allegedly had not
talked to Atty. Arreza. Being a member of AMOSUP from 1985 to 1990, until he was
declared unfit to work, petitioner claimed he was entitled to "permanent total disability"
benefit in the amount equivalent to 86% of the US$18,000.00, sickness wage benefit in
the sum of US$6,000.00 as per Section C, Subsection (c) of the POEA Standard
Format, plus ten percent (10%) of the total judgment award and attorney's fee.
In his supplemental complaint, private respondent further asked for refund of medical
expenses incurred in the amount of P30,411.00 plus professional fee of P4,000.00 or a
total of P34,411.00. Receipts covering these payments were submitted as Annexes "I"
and "II."
On March 16, 1995, the POEA Adjudication Office issued its decision in favor of the
private respondent. It held that
WHEREFORE, judgment is hereby rendered, ordering respondents Philippine
Transmarine Carriers Inc. and Pioneer Insurance and Surety Corp. to pay
complainant jointly and severally the sum of TWENTY ONE THOUSAND US
DOLLARS (US$21,000.00) or its peso equivalent at the time of actual
payment and P34,114.00 representing reimbursement of medical expenses
plus ten percent (10%) thereof of the total award by way of and/as
attorney's fees.
All other causes or actions are dismissed for lack of merit.
SO ORDERED.
Petitioner appealed said decision to the NLRC which affirmed it except for the award of
attorney's fees which is deleted for lack of factual and legal basis. NLRC later denied
petitioner's motion for reconsideration.
Petitioner now contends that the NLRC acted with grave abuse of discretion amounting
to lack or excess of jurisdiction in:
A
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/50425
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