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He also passed the pre-employment medical examination when he sought
reemployment, was reemployed and was able to work again in Ryndam. As regards the
Ryndam case, the Labor Arbiter awarded to Sibug US$10,075 which is the equivalent
award for the grade 10 disability rating issued by the company-designated doctor. The
fallo of the Labor Arbiter’s Decision reads:
WHEREFORE, in view of the foregoing, judgment is hereby rendered
dismissing the claims in NLRC Case No. (M) NCR-08-08711-07. As regards
the claims in NLRC NCR Case No. 08-08708-07, this Office holds that the
complainant [Sibug] is entitled to disability benefits in the amount of
US$10,075 which is the equivalent of the grade “10” disability issued by the
company-designated physician.
SO ORDERED.[11]
The National Labor Relations Commission (NLRC) reversed the Labor Arbiter’s
Decision. It ruled that Sibug is entitled to permanent and total disability benefit of
US$60,000 for his Volendam injury and another US$60,000 for his Ryndam injury. It
also awarded attorney’s fees to Sibug.
December 8, 2008 reads:
The fallo of the NLRC Decision[12] dated
WHEREFORE, prescinding from the foregoing considerations the appeal is
given due course. Accordingly, the Decision appealed from is REVERSED
and SET ASIDE and a NEW ONE ENTERED –
1. For NLRC NCR Case (M) No. 08-08711-07 – The appellees [petitioners]
are hereby ordered jointly and [severally] to pay complainant-appellant
[Sibug] his total disability benefits (knee injury) amounting to
US$60,000.00; and
2. For NLRC NCR Case (M) No. 08-08708-07 – The appellees [petitioners]
are hereby ordered jointly and severally to pay the complainant-appellant
[Sibug] his total disability benefit (right hand injury) amounting to
US$60,000.00
3. Attorney’s fees of 10% of the total monetary awards;
or an aggregate amount of US$132,000.00 or its Philippine Peso equivalent
at the time of actual payment.
SO ORDERED.[13]
On reconsideration, the NLRC issued a Decision[14] dated May 29, 2009 which set aside
its December 8, 2008 Decision and reinstated the Labor Arbiter’s Decision, to wit:
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56804
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