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On March 22, 2010, Nonay "was placed under the care of an obstetriciangynecologist[,]"[13] also a company-designated physician. The obstetrician-gynecologist
diagnosed Nonay with "Abnormal Uterine Bleeding Secondary to a[n] Adenomyosis with
Adenomyoma."[14] Nonay underwent endometrial dilatation and curettage as part of
her treatment.[15]
Nonay was not declared fit to work by the end of the 120-day period from March 20,
2010, the date of her repatriation,[16] but she was declared "fit to resume sea duties"
[17] within the 240-day period.[18]
On September 8, 2010, she filed a Complaint "for payment of disability benefit, medical
expenses, moral and exemplary damages and attorney's fees."[19] She sought to claim
permanent disability benefits based on the collective bargaining agreement she signed.
[20]
The Labor Arbiter ruled in favor of Maricel S. Nonay.[21] The dispositive portion of the
Decision reads:
WHEREFORE, premises all considered, judgment is hereby rendered as
follows:
Ordering respondents to pay complainant her permanent disability
compensation in accordance with the CBA in the amount of US$80,000.00;
and 10% of the award by way of attorney's fees.
SO ORDERED.[22] (Citation omitted)
Bahia Shipping appealed to the National Labor Relations Commission, which affirmed
the Labor Arbiter's Decision.[23] The National Labor Arbite Labor Relations Commission
ruled as follows:
WHEREFORE, premises considered, the appeal of the respondentsappellants is hereby DENIED and the Decision of Labor Arbiter Valentin
Reyes dated January 18, 2011 is hereby AFFIRMED.
SO ORDERED.[24] (Emphasis in the original, citation omitted)
Bahia Shipping moved for reconsideration, but the Motion was denied.[25]
Bahia Shipping filed a Petition for Certiorari before the Court Appeals arguing that the
National Labor Relations Commission committed grave abuse of discretion when it ruled
that "[Nonay's] illness is work-related despite substantial evidence to the contrary[.]"
[26]
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61719
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