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Santo Tomas Hospital due to dysphasia. He was also assessed with meningioma, left
parietal convexity, hypertension stage 2. On respondent's 10th day in the hospital, he
underwent a surgery on his skull, i.e., a "left frontoparietal craniotomy for excision of
meningioma and duraplasty."[9]
Respondent now claimed that because of his illness he was unable to return to his
customary work as a seafarer for more than 120 days. Petitioners repeatedly refused to
grant him disability benefits. Thus, he filed a complaint claiming disability
compensation, payment of medical expenses, damages, and attorney's fees.[10]
Petitioners, on the other hand, asserted that there was no accident or medical incident
that happened on board the vessel during the period of respondent's employment; that
respondent only requested to be signed off due to a pre-existing high blood pressure;
that upon respondent's arrival, he was referred to the company-designated physician,
but refused to undergo post-employment medical examination; and that respondent
opted to collect his final pay and in fact executed a release in petitioners' favor.[11]
For the petitioners, respondent failed to prove that he suffered a work-related illness
during the term of his employment; that respondent's claim had already been rendered
stale by his inaction for two years as when he was repatriated on July 15, 2008 and
only filed the complaint on December 21, 2010.[12]
Ruling of the Labor Arbiter (LA)
On August 28, 2014, LA Jaime M. Reyno rendered a Decision[13], the dispositive portion
of which reads:
WHEREFORE, premises considered, judgment is hereby rendered ordering
Intercrew Shipping Agency/Star Emirates marine Services/Gregorio Ortega
to pay complainant Ofrecino B. Calantoc the amount of SIXTY THOUSAND
US DOLLARS ($60,000.00) representing full disability benefits plus ten
percent (10%) thereof as and for attorney's fees.
Respondents are likewise liable to pay complainant the amount of
P557,062.50 as medical reimbursement plus the amount of US$2,800.00 as
sickness wages.
All other claims are dismissed.
SO ORDERED.[14]
Ruling of the NLRC
On March 31, 2015, the NLRC rendered a Decision,[15] with Commissioner Nieves E.
Vivar-De Castro, dissenting. The dispositive portion of the Decision reads in this wise:
WHEREFORE, premises considered, the appeal is GRANTED; and the assailed
Decision of the Labor Arbiter is SET ASIDE. The complaint is hereby
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66350
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