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considering the possibility of atrial fibrillation.[5]
On September 18, 2006, Taok was once again examined at Sachly and his attending
physicians, including a cardiologist, diagnosed him with “cardiomyopathy, ischemic vs.
dilated (idiopathic); S/P coronary angiography.” Taok was advised to regularly monitor
his Protime and INR and to continue taking his medications. He was asked to return on
October 18, 2006 for re-evaluation.[6]
Taok did not subject himself to further examination. Instead, he filed on September 19,
2006 a complaint for total and permanent disability benefits, which was docketed as
NLRC NCR OFW Case No. (L) 06-0902902-00 and raffled to Labor Arbiter Elias H.
Salinas (LA Salinas).
In a Decision[7] dated March 7, 2007, the dispositive portion of which is quoted below,
LA Salinas dismissed Taok’s claim for total and permanent disability.
WHEREFORE, premises considered, judgment is hereby rendered
DISMISSING the complaint for permanent disability benefits for lack of
merit. Respondents C.F. Sharp Crew Management, Inc. and Norwegian
Cruise Line, Ltd. are however ordered to jointly and severally pay [Taok] the
peso equivalent at the time of actual payment of the sum of US$1,584.00 as
sickness wages plus the amount of ten percent thereof as attorney’s fee.
All other claims are ordered dismissed.
SO ORDERED.[8]
LA Salinas ruled that Taok had no cause of action for total and permanent disability at
the time he filed his complaint:
Under the Amended POEA Standard Employment Contract, disability benefits
are granted to a seafarer when he suffers a work-related illness and/or
injury while working on board the vessel and such illness or injury renders
him disabled. This is extant from Section 20(B) of the POEA Standard
Employment Contract which is quoted hereunder:
“B. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS
The liabilities of the employer when the seafarer suffers workrelated injury or illness during the term of his contract are as
follows xxx xxx xxx”
Under the Amended POEA Contract, it is essential that the following
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