Globals designated physician, Dr. Barrientos of the Associated Medical &
Clinical Services, Inc., declared Masangcay fit to go back to work after a
regular medical examination and pegged the disability period of the latter to be
from 3 October 2002 until 3 February 2003.[18]
On 21 February 2003, Trans-Global, in behalf of Ventnor, paid
Masangcay his full 120 days Sick Leave pay of Ninety Five Thousand Five
Hundred Sixty Four and 52/100 (P95,564.52) Pesos[19] representing One
Thousand Seven Hundred Seventy Nine Dollars and 60/100 (US$1,779.60) U.S.
Dollars, as well as all his medical and hospital expenses, professional fees of his
attending physicians, the total amount of which reached One Hundred Seventy
Four Thousand Seventy Five and 10/100 (P174,075.10) Pesos.[20]
Sometime in the first week of March 2003,[21] Masangcay was asked to
report back to the office of Trans-Global for deployment line-up. He was also
asked to undergo medical examination in view of his impending deployment.
When Masangcay reported to the premises of Trans-Global, however, he was
informed by the Port Captain that he (Masangcay) can no longer be deployed
due to negative reports about him coming from its principal, Ventnor.
More than six months later, or on 16 October 2003, however, armed with
a Medical Certificate issued by one Dr. Efren R. Vicaldo (Dr. Vicaldo), a
cardiologist, Masangcay instituted a complaint[22] against Trans-Global and
Ventnor, including Trans-Globals President, Michael Estaniel, before the
National Labor Relations Commission (NLRC) for the payment of disability
benefit, damages and attorneys fees.
The abovementioned Dr. Vicaldos Medical Certificate[23] dated 31 July
2003 contained the following findings:
Ureterolithiasis,[24] right
Pelvolithiasis, left
S/P Ureterolithotomy, right
S/P ESWL, left
Renal insufficiency
Impediment grade III (78.36%)
Dr. Vicaldo justified the finding of Impediment Grade III (78.36%) in
this wise: