6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly The National Labor Relations Commission, ruled in favor of NYK-FIL in its March 30, 2012 Decision.[51] The National Labor Relations Commission found Madridejos' story as "unnatural."[52] His allegation that he was advised to be repatriated for further treatment in the Philippines was not sufficiently proven.[53] Based on Madridejos' discharge letter from Hampshire, England, his operation merely required three (3) stitches. Hence, he could not have been advised to pursue further treatment in the Philippines since his operation was only a minor one.[54] Additionally, there was nothing in Madridejos' Position Paper[55] or Reply[56] that he complained of any pain, complication, or discomfort after his operation, indicating that "everything went well."[57] Similarly, he never showed any ship record regarding his alleged accident.[58] Therefore, the National Labor Relations Commission concluded that Madridejos' claim was only an afterthought and reasoned that: Well then, knowing fully [sic] well that he was repatriated on July 6, 2010 because his service contract had already been terminated, why then as he alleged would he go to his local agency for a medical referral to their company doctor? He said that he was denied. But of course; in the first place he was not their employee anymore, but more importantly he was not even sick as he had been working quite well the past several months. But now he is back, and sad part of it is that he was out of work. So he opted for the cyst story. It is not really difficult to see, however that Madridejos' claim of being sick is an afterthought.[59] (Emphasis supplied) The National Labor Relations Commission ruled further that Madridejos' cyst was not work-related since it was "simply a slow-growing pea-size[d] sac growth under the skin" that grew as a consequence of infection and caused "clogging of sebaceous glands."[60] "It can develop in any part of the body, and at times it just simply disappears."[61] The dispositive portion of the National Labor Relations Commission's decision provided: WHEREFORE, premises considered, complainant Madridejos' appeal is hereby DISMISSED for lack of merit, while that of respondents' is granted, the assailed decision is reversed and set aside, and the complaint herein for disability benefits is likewise DISMISSED for lack of merit. SO ORDERED.[62] (Emphasis in the original) On April 30, 2012, the National Labor Relations Commission's Resolution[63] denied Madridejos' Motion for Reconsideration.[64] On July 9, 2012, Madridejos filed a Petition for Certiorari[65] before the Court of Appeals claiming that the National Labor Relations Commission committed grave abuse elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63066 6/25

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