On March 29, 2005, the Labor Arbiter rendered a decision in favor of
respondent. Dispositively, the decision reads:
WHEREFORE, premises all considered, judgment is hereby rendered
ordering the respondents Magsaysay Maritime Corporation and/or Conrado N.
Dela Cruz and ODF Jell ASA to pay complainant Jaime M. Velasquez the
amount of SIXTY TWO THOUSAND TWO HUNDRED SIXTY US
DOLLARS (US$62,260.00) or its equivalent in Philippine Peso at the
prevailing rate of exchange at the time of actual payment representing his
disability benefits and sickness allowance and 10% of the total monetary
award by way of attorneys fees.
All other claims are DISMISSED for lack of merit.
SO ORDERED.
From the foregoing decision, petitioners filed an appeal with the NLRC,
alleging serious errors in the factual findings of the Labor Arbiter.
Upon review of the records, the NLRC made the following findings:
A careful review of the records shows that, in not one instance did
complainant, by way of a contrary medical finding, assail the diagnosis arrived
at by the company designated physician, Dr. Natalio G. Alegre II. As noted,
the findings of Dr. Efren Vicaldo, complainants private physician, and those of
Dr. Alegre, bear consistency with each other save for his hypertensive
condition. Above all these, complainants credibility suffered a serious setback
when he declared that he was seen by Dr. Alegre only twice and that there was
no treatment given to him since repatriation (Records, pp. 88-89). Records
belie such assertion. Copies of the medical reports accomplished by the
company accredited physician would show that he was examined and treated
by the latter for no less than eight (8) times (Records, pp. 128-135). As
gleaned therefrom, complainant was placed under the care and supervision of
Dr. Alegre for about ninety (90) days, his admission at St.
Lukes Medical Center being on 13 October 2003 and with his discharge being
had only on 11 November 2003. This negates anew complainants claim that he
was not treated at St. Lukes Medical Center. Further, on dates of 18 November
2003, 21
November
2003, December
1,
2003, December
4,
2003 and December 15, 2003, medical certificates of even dates bore results of
complainants physical examination. Finally, on 5 January 2004, complainant
was cleared for sea duties, on the basis of the following findings:
His infection has already subsided and resolved.
He has been off his anti-hypertensive medication for 1 week and
his blood pressure is still acceptable at 140/90.