The Court notes that any dispute as to Masangcays state of health or the
exact nature of the illness from which he is suffering could have easily been
resolved had the parties stayed true to the provisions of Sec. 20(b), paragraph 3
of the 2000 POEA Amended Standard Terms and Conditions, which declares
that:
SECTION 20. COMPENSATION AND BENEFITS
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B. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS
The liabilities of the employer when the seafarer suffers work-related
injury or illness during the term of his contract are as follows:
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3. Upon sign-off from the vessel for medical treatment , the seafarer is
entitled to sickness allowance x x x until he is declared fit to work or the
degree of permanent disability has been assessed by the company-designated
physician x x x
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If a doctor appointed by the seafarer disagrees with the assessment, a
third doctor may be agreed jointly between the Employer and the seafarer. The
third doctors decision shall be final and binding on both parties.
Without the opinion of a third doctor, we are constrained to make a ruling
based on the evidences submitted by the parties and made part of the records of
this case, which included the medical certifications of their respective
physicians.
All told, except for the bare assertion that he is no longer fit to work due
to the illness that became manifest during his contract of employment with
Trans-Global and Ventnor, Masangcay makes no allegation, much less presents
no proof, that the illness was caused or aggravated by his employment. The
evidence on record is totally bare of essential facts on how he contracted or
developed such disease and on how and why his working conditions increased
the risk of contracting the same. Consequently, the labor arbiter and the NLRC
had no basis at all to rule that Masangcay is deserving of other disability
benefits espoused by Sec. 20(b), paragraph 6 of the 2000 POEA Amended
Standard Terms and Conditions other than that already extended to him by
Trans-Global and Ventnor.