4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly prescribed for Inocencio's treatment. Decision of the NLRC Upon appeal by Transocean, Salinas, and General Marine, the NLRC, by its May 29, 2008 Decision in NLRC LAC No. 12-000379-07(8), vacated that of the Labor Arbiter and awarded sickness allowance only equivalent to 120 days or four months salary amounting to US D 4,616 and the payment or reimbursement of Inocencio's medical expenses. The decretal portion of the NLRC's Decision reads: WHEREFORE, premises considered, the decision of the Labor Arbiter is hereby VACATED and the Respondents-Appellants are ordered to pay Complainant-Appellee sickness allowance equivalent to his basic wage for 120 days, amounting US$4,616.00 ( USS 1,154 x 4 months) or its peso equivalent at the time of payment, plus payment/reimbursement of his medical expenses. SO ORDERED.[10] The NLRC held that the June 9, 2006 medical report/certification[11] by the companydesignated physician, Dr. Cruz, that the tonsil cancer of Inocencio was not work-related shifted the burden of proof to Inocencio who failed to substantiate that his illness was work-related. As the NLRC further ruled, the PEME alone was not conclusive proof of Inocencio's state of health before deployment. However, the NLRC did find that Inocencio was, indeed, permanently totally disabled and was not at fault when he failed to undergo the necessary treatment given his condition due to the failure of Transocean and General Marine to provide the payment as earlier promised. Thus, Transocean, et al. were ordered to reimburse Inocencio's medical expenses.[12] Decision of the CA Both parties appealed the NLRC ruling before the CA, docketed as CA-G.R. SP Nos. 105601 and 105615. On July 28, 2010, the CA rendered its Decision, modifying the NLRC Decision by setting aside the award of sickness allowance of USD 4,616 but affirming the grant of reimbursement of medical expenses. The fallo reads: ACCORDINGLY: (a) In CA-G.R. SP No. 105601, the petition is GRANTED IN PART. The Decision dated May 29, 2008 of the National Labor Relations Commission in NLRC LAC No. 12-000379-07(8) is MODIFIED so that the portion therein awarding Inocencio Vedad sickness allowance. amounting to USS4,616.00 (USS 1,154 x 4 months) or its peso equivalent at the time of payment, is SET ASIDE. So far as it ordered Trans Ocean Ship Management Philippines and General Marine Services Corporation to reimburse or pay for jointly and severally the medical expenses of Inocencio Vedad, the same is AFFIRMED. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55782 3/10