8/26/2020
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Subsequently, Tiquio filed a complaint[18] on September 1, 2014 for disability
benefits, reimbursement of medical and hospital expenses, moral and exemplary
damages, as well as attorney's fees. He averred that since the onset of his illness,
which occurred during the term of his contract, he was not able to perform any gainful
occupation or earn wages in the same kind of work that he was trained or accustomed
to perform.[19] He added that he was entitled to reimbursement of the medical and
transportation expenses he incurred from June 26, 2013 amounting to One Hundred
Twenty Thousand Pesos (P120,000.00) as petitioners stopped giving him medical
assistance,[20] as well as moral and exemplary damages since petitioners acted in bad
faith when they refused to honor their contractual obligations to pay him his benefits.
[21] Lastly, he claimed that he consulted an independent doctor who declared him unfit
for sea duty and that his illness is work-related,[22] but without presenting any medical
certificate supporting these claims.[23]
In their defense,[24] petitioners argued that Tiquio's Graves' Disease is an autoimmune
disease affecting the thyroid which is, therefore, not work-oriented as certified to by Dr.
Fonte.[25] They added that contrary to his claim, Tiquio was given radioactive iodine
treatment and medications for his illness and was paid his sickness allowance.[26]
Finally, they argued that the immediate riling of the complaint was a breach of his
contractual obligation to have the alleged conflicting assessments of the CDP and his
own physician — whose opinion was not supported by evidence — be assessed by a
third doctor for a final determination.[27]
Thereafter, or on December 16, 2014, Tiquio submitted a Rejoinder[28] attaching
thereto the medical certificate[29] dated December 3, 2014, issued by Dr. Amado M.
San Luis (Dr. San Luis), a neurosurgeon at the University of the East Ramon Magsaysay
Memorial Hospital, which stated that Tiquio is suffering from Graves' Disease and
declared that he is permanently incapacitated to work as an ordinary seaman and his
illness is work-related.
The LA Ruling
In a Decision[30] dated April 30, 2015, the LA granted Tiquio's complaint, and
accordingly, ordered petitioners to pay Tiquio the amount equivalent to US$60,000.00,
representing permanent disability benefits plus ten percent (10%) attorney's fees,
while the rest of his claims were denied for lack of basis.[31] The LA found Tiquio's
Graves' Disease/hyperthyroidism to be work-related, and thus, compensable pursuant
to the Court's declaration in Magsaysay Maritime Services v. Laurel (Magsaysay).[32]
Additionally, the LA ruled that the nature of Tiquio's work as ordinary seaman, which
exposed him to constant physical and psychological stress, precipitated his
hyperthyroidism, and that the maximum 240-day medical treatment period expired
with no declaration from the CDP that he was already fit for sea duty.[33] Finally, the LA
held that the procedure for the appointment of a third doctor is merely directory, not
mandatory, the absence of which will not preclude Tiquio's claim.[34]
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65357
2/20