provisions of the crew were insufficient and did not arrive on time. Linden Shipping
International finally responded on November 30, 1998 but asked Arbit for more time. He
said that India was not a convenient port for crew change.
Arbit nevertheless disembarked from the vessel while it was in India on December
2, 1998. He went to the Sha Surgical Hospital at Jamnager, Gujarat State the following
day. He was examined by Dr. M.A. Santwani who diagnosed that he was suffering from
hypertension with LVF[8] and Asthmatic Bronchitis. The doctor advised that he be
hospitalized for further management and indoor treatment. [9]
On the same day, Arbit wrote to Ambassador Jose del Rosario of the Philippine
Embassy in New Delhi, India. He informed the latter about his health condition and
desire to be repatriated.[10] The Ambassador replied that his employer was already
working on his repatriation.
Arbit was repatriated to Manila on January 5, 1999. He paid for his own airfare and
the transportation cost of his reliever. Upon his arrival, petitioner directed him to
proceed to the St. Thomas Diagnostic, Medical and Dental Clinic, Inc. for post-medical
examination. Arbit was diagnosed to be possibly suffering from a heart ailment and
should be endorsed to a cardiologist. The medical follow-up report[11] dated January 28,
1999 showed that Arbit had ischemic cardiomyopathy. [12] He was advised to continue
taking his medications and report for follow-up after completing his initial treatment
schedule.[13] In the same report, he was declared x x x still UNFIT for sea duty.[14]
After his visit to the St. Thomas Diagnostic, Medical and Dental Clinic, Inc., Arbit
sought medical attention from other hospitals: the Accuvision Diagnostic Center, Inc.,
the Philippine Heart Center, the Manila Sanitarium and the Metropolitan Hospital. Arbit
shouldered all medical expenses. He tried to claim reimbursement from petitioner but
the latter refused. Hence, he filed a complaint with the National Labor Relations
Commission (NLRC) for the recovery of unpaid wages, repatriation cost, sickwage
allowance, medical and hospital expenses, permanent and total disability benefits,
damages and attorneys fees. Before the case could be resolved, Arbit died of ischemic
cardiomyopathy on December 29, 1999. Respondent substituted her husband.
On April 16, 2001, Labor Arbiter Ermita T. Abrasaldo-Cuyuca rendered judgment
ordering petitioner to pay Arbit the following:
US$1,109.90 - representing unpaid salary and other benefits.
P16,177.20 - representing reimbursement of medical expenses.
US$2,892.00 - representing sickwage allowance.
Ten percent of the total award as attorneys fees.[15]
Respondent appealed to the NLRC for the award of disability benefits and
reimbursement of full medical expenses, repatriation and transportation costs of Arbits
reliever.
The NLRC affirmed in toto the decision of the Labor Arbiter and denied the Motion
for Reconsideration of respondent. She filed a Petition for Certiorari [16] with the Court of
Appeals.