1/5/2021
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After completing his six-month contract with 88 Aces in August 2010, Apolinario
however was not repatriated as he directly entered into a new contract with 88 Aces'
foreign principal, Khalifa Algosaibi. His new contract with Khalifa Algosaibi lasted until
April 2012.
In April 2012, Apolinario was repatriated in Manila. On May 8, 2015, he filed a
Complaint before the Labor Arbiter against 88 Aces, Jocson and Khalifa Algosaibi
(collectively referred to as respondents) for the payment of disability benefits,
attorney's fees, medical fees, sickness allowance and moral, exemplary and
compensatory damages.[8]
In his Position Paper,[9] Apolinario alleged that while on board MV Algosaibi 42 in
December 2010, he suddenly experienced dizziness. As his condition did not improve,
he was sent to As Salama Hospital in Al-Khobar, Saudi Arabia where he was found to
have high glucose and cholesterol.[10] Apolinario posited that he was given medicine by
the doctor and was advised to observe proper diet and avoid stress. After taking the
doctor's advice, his medical condition improved and he was able to perform his work
well.
However, after two years, particularly in January 2012, Apolinario alleged that his
dizziness recurred, accompanied by the blurring of his vision. On April 2, 2012, he
stated that he returned to As Salama Hospital where he was diagnosed to have
diabetes mellitus[11] and dislipedemia.[12]
After his repatriation to the Philippines on April 11, 2012, Apolinario posited that he
immediately reported to the office of 88 Aces to get his unpaid wages and for him to be
referred to the company physician. However, since his repatriation was due to the
completion of his six-month Philippine Overseas Employment Administration (POEA)approved employment contract, he was allegedly told by President Janet Jocson that 88
Aces could not shoulder his medical expenses. Apolinario did not insist anymore and
just continued taking the medicine given by the doctor in Saudi Arabia.
Subsequently, Apolinario felt well and thought that his illness was already cured.
However, it recurred on August 2, 2013. Apolinario consulted Dr. Joseph Glenn
Dimatatac, an internal medicine physician, and was informed that his illness was indeed
diabetes mellitus.[13]
On March 17, 2015,[14] Apolinario consulted Dr. Rufo Luna, the Municipal Health Officer
of the Municipality of San Jose, who declared him to be physically unfit to continue
work due to his hyperglycemia. [15] Consequently, Apolinario demanded from
respondents the payment of his disability benefits, but to no avail.
Apolinario argued that his illness is presumed as work-related. According to him, his
stress was a factor in the development of his diabetes mellitus since he was exposed to
frequent overtime, lack of sleep, and emotional/psychological stress for being away
from his family. Moreover, Apolinario contended that his disability is permanent and
total because he was already incapacitated to resume his sea duties for more than 240
days. Apolinario maintained that his cause of action to file a claim against respondents
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65782
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