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NYK-FIL concluded that Madridejos' illness was not work-related since there was no
reasonable correlation between his cyst and his functions as a Demi Chef.[41] A cyst is
merely caused by "blocked sebaceous glands, swollen hair follicles, and excessive
testosterone production."[42]
In his August 11, 2011 Decision,[43] Labor Arbiter Gaudencio P. Demaisip, Jr. (Labor
Arbiter Demaisip) found that Madridejos' illness "was incurred during the term of his
employment contract," making it "compensable."[44]
Madridejos' explanation, which stated:
He
affirmed
and
quoted
As aptly pointed out by the Supreme Court explaining the doctrine of "Welfare
Legislation", thus:
Compensability of illness. Under the relevant contract: Compensability of the
illness or death of [a] seaman need not depend on whether the illness was
total or partial permanent disability. It is sufficient that the illness occurred
during the effectivity of the employment contract.
Even assuming that the ailment was contracted prior to employment, this
would not deprive the seaman of compensation benefits. For what matters is
that his work had contribute[d], even in a small degree, to the development
of the disease and in bringing about his Intra-abdominal organs which
requires aid and attendance that will unable [sic] workers to seek gainful
employment.
Due to his medical condition[,] he is permanently unfit for further sea service in any
capacity. Such injury/illnesses are work[-]related since exposed to toxic and hazardous
materials. Continuous medications and follow[-]up is advised.
This certification is being issued for whatever purpose it may serve him best.[45]
(Emphasis in the original)
Labor Arbiter Demaisip emphasized, however, that since there was no evidence to
prove the severity of Madridejos' illness, he should only be given a Disability Grade of
7.[46] The dispositive portion of the decision read:
IN VIEW OF THE FOREGOING, respondent Agency is directed to pay the
complainant an amount equivalent to Grade 7 or US$ 20,900.
SO ORDERED.[47]
Both parties assailed the decision of Labor Arbiter Demaisip before the National Labor
Relations Commission.[48] Madridejos asserted that Labor Arbiter Demaisip "erred in
assessing him with only a Grade 7 disability" and claimed that "it should have been
Grade 1 or permanent/total disability."[49] On the other hand, NYK-FIL averred that
Labor Arbiter Demaisip failed to consider the termination of contract as the real cause
behind Madridejos' repatriation.[50]
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