5/28/2020
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him to ask for assistance. On October 7, 2007, [Bengson] was brought to
the Neurological Department of the Izola General Hospital in Slovenia where
he was confined for three days. While in the hospital, [Bengson] had partial
paralysis of the right hand and a minor partial paralysis of the right leg. His
Computed Tomography (CT) Scan of the head showed a “small hematoma in
the left part of the crane”. At that time, [Bengson] could only walk with the
help of a physiotherapist and was prohibited from lifting heavy things. Due
to his incapacity to work, his immediate repatriation was arranged.
Upon [Bengson’s] arrival in the Philippines on October 21, 2007, he was
immediately brought to the Manila Doctors Hospital for confinement under
the supervision of company-designated-physician Dr. Benigno F. Agbayani,
Jr. [Bengson’s] Cerebrovascular Investigation Form reveals that he had,
among other things, stroke, hypertension, carotid bruit, Transient Ischemic
Attack (T.I.A.), Hemiplegia, and Amaurosis Fugax. His Plaque Morphology
Type I reveals a “uniformly echolucent with thin echogenic cap (homogenous
hypoechoic) or a high risk for plaque rupture and embolism regardless of %
of stenosis”. Upon [Bengson’s] discharge on November 1, 2007, his Medical
Abstract/Discharge Summary showed that he had a stroke.
On November 4, 2007, Dr. Agbayani issued an Initial Out-Patient Consult
Report which stated that [Bengson’s] illness of “hematoma in the cranium”
was not work-related. Thus, [Magsaysay, Inc. and MOL Tankship] did not
anymore issue any assessment on [Bengson’s] disability grade. [Bengson],
on the other hand, continuously took medications and was unable to return
to his work as a seaman due to the severity of his disability. [Bengson] thus
filed his disability compensation claim against x x x Magsaysay, Inc.
However, during the grievance proceedings before the Associated Marine
Officers and Seamen’s Union of the Philippines (AMOSUP), his claim was
outrightly denied by x x x Magsaysay, Inc.[7]
Ruling of the Labor Arbiter
Bengson filed against the petitioners, Magsaysay Mitsui Osk Marine, Inc. (Magsaysay,
Inc.) and MOL Tankship Management (Asia) Pte Ltd. (MOL Tankship), a complaint for
the recovery of total permanent disability benefits, reimbursement of medical and
transportation expenses, damages, and attorney’s fees, with interest. The labor case
was docketed as NLRC OFW Case No. (M) 07-10402-08.
In his Position Paper and related pleadings,[8] Bengson argued that under his Collective
Bargaining Agreement (CBA) with the petitioners (IBF JSU/ AMOSUP-IMMA CBA), he is
entitled to US$137,500.00 work-related compensation as Third Mate; that his illness is
work-related and was contracted as a result of the pressure, stress, and demands of his
work as well as the long period of service with petitioners; that his illness is continuing,
and has resulted in total and permanent disability, complete inability to perform his
work, and loss of qualifications and aptitude required for employment as seaman in any
capacity; that petitioners unjustifiably refused to compensate him, thus causing upon
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