affirmed the Labor Arbiter’s ruling by Decision9[9] of March 28, 2008.
It held
that respondent need not have a “sedentary” job for it to acquire kidney ailment
and he could not be said to have concealed it, for petitioner’s own physician
diagnosed and treated him. Respecting respondent’s failure to report his illness
upon repatriation, the NLRC held that, at most, this would only result in the
forfeiture of his sickness allowance.
Petitioner’s
Motion
for
Reconsideration
having
been
denied
by
Resolution10[10] of June 27, 2008, it appealed to the Court of Appeals, at the same
time applying for a Temporary Restraining Order (TRO).
Meanwhile, respondent filed on August 1, 2008 with the Labor Arbiter a
Motion for the Issuance of a Writ of Execution11[11]. Believing that the execution
of the Labor Arbiter’s Decision was imminent as its petition for injunctive relief
was denied by the appellate court by Resolution12[12] of July 30, 2008, petitioner
filed before the Labor Arbiter on August 20, 2008 a pleading entitled “Conditional
Satisfaction of Judgment Award with Urgent Motion to Cancel Appeal Bond All
9
Id. at 489 – 497. Penned by Commissioner Romeo L. Go and concurred in by Presiding
Commissioner Gerardo C. Nograles and Commissioner Perlita B. Velasco.
[9]
10 [10] Id. at 530-531. Penned by Commissioner Romeo L. Go and concurred in by Presiding
Commissioner Gerardo C. Nograles and Commissioner Perlita B. Velasco.
11 [11] Id. at 536-539.
12 [12] CA rollo, pp. 335-336. . Penned by Associate Justice Myrna Dimaranan Vidal and
concurred in by Associate Justices Jose L. Sabio, Jr., and Jose C. Reyes, Jr.