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had assessed Balatero with a disability of Grade 7 (Moderate Residuals of Disorders)
under the POEA SEC.[25]
Balatero filed before the NLRC a complaint for permanent total disability compensation,
sickness allowance, damages and attorney's fees. He claimed that his sea duties as 2nd
and 3rd Officer were strenuous, and had exposed him to unhealthy working conditions,
extreme temperatures and contaminants, which either directly caused his illnesses or
contributed thereto. The respondents, however, denied the work-relatedness and
compensability of Balatero's illnesses. They pointed out Dr. Olalia's Medical Report,
dated January 8, 2014, indicating that Dyslipidemia is caused by defects in lipid
metabolism and/or high fat diet, hence, not work-related. Further, CAD arises from the
gradual deposits of fats, fibrin and clots in the coronary artery spanning years. Diabetes
Mellitus, age, sex, hypertension, smoking and elevated cholesterol levels, out of which
CAD may develop, are not work-related as well.[26]
Ruling of the LA
On December 29, 2014, the LA rendered a Decision[27] in NLRC NCR OFW Case No. (M)
07-09272-14, the dispositive portion of which states:
WHEREFORE, premises considered, judgment is hereby rendered finding
[Balatero] to have been entitled to total and permanent disability benefits
under the POEA Contract. As prayed for, respondents are hereby ordered to
pay [Balatero] the amount of US$60,000.00 representing his total and
permanent disability benefits under the POEA Contract and attorney's fees of
10% of the said amount.
All other claims are dismissed for lack of merit.
SO ORDERED.[28]
Citing Wallem Maritime Services, Inc., et al. v. NLRC, et al.,[29] the LA declared that
the assessments of both the company-designated physicians and those consulted by
the seafarers on their own accord are not conclusive, thus, need evaluation on their
inherent merits. Moreover, assuming arguendo that Balatero was already afflicted with
cardiovascular disease prior to his employment with the respondents, his exposure to
stressful working conditions and a diet of unhealthy, fatty and salty foods while on
board the ship had likely triggered, contributed to the development of, or aggravated
his condition. The LA also noted the respondents' inconsistent stances in initially
declaring that Balatero's illnesses were not work-related, and eventually determining
that he had a Disability Grade of 7 under the POEA SEC. The LA, however, denied
Balatero's claim for moral and exemplary damages, as there was inadequate evidence
of bad faith on the part of the respondents.[30]
Ruling of the NLRC
The fallo of the NLRC Resolution,[31] dated June 8, 2015 in NLRC LAC No. 05-00040315(4), reads:
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