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NYK-FIL, Madridejos kept silent on the events that happened during the time between
his operation and repatriation.[133] If he was really medically repatriated, then he
should have been immediately sent back to the Philippines after his operation.
However, he only disembarked from the vessel almost three (3) months after such
operation.
Furthermore, Madridejos failed to present any ship record or other pertinent proof to
show that he was involved in an accident.[134] His assertions were not corroborated by
any written report or testimonies of witnesses.
III
Even assuming that Madridejos was medically repatriated, he still cannot claim for
disability benefits since his sebaceous cyst was not work-related.
The Philippine Overseas Employment Agency Standard Employment Contract, which is
deemed integrated into Madridejos' employment contract with NYK-FIL, governs his
claim for disability benefits.[135] While these guidelines have been recently amended,
[136] Philippine Overseas Employment Agency Memorandum Circular No. 9[137] applies
in this case since Madridejos signed his contract with NYK-FIL on March 25, 2010.[138]
The requisites for compensable illnesses are provided for under Section 20(B) of
Philippine Overseas Employment Agency Memorandum Circular No. 9, Series of 2000:
Section 20: COMPENSATION AND BENEFITS
....
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 . . .
(Emphasis supplied)
Madridejos was diagnosed with sebaceous cyst to the right of his umbilicus during the
effectivity of his contract as evinced by the findings[139] of Dr. Byrne. Conformably,
Labor Arbiter Demaisip affirmed that Madridejos' illness was acquired during the term
of his employment contract.[140] Disputed, however, is whether Madridejos' sebaceous
cyst was work-related.
In resolving a Rule 45 Petition for Review on Certiorari of a Court of Appeals' Resolution
in a Rule 65 Petition for Certiorari, this Court is bound to decide "whether the Court of
Appeals was correct in establishing the presence or absence of grave abuse of
discretion."[141] In this case, therefore, we determine whether the Court of Appeals
properly ruled that the National Labor Relations Commission did not commit grave
abuse of discretion in denying Madridejos' claim for disability benefits.[142]
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63066
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