4/14/2021 E-Library - Information At Your Fingertips: Printer Friendly He was later diagnosed with prostate enlargement.[8] On January 27, 2010, Erispe allegedly replied his condition to Loadstar and submitted his seaman's book for proper documentation, galley inventory, and requested his clearance be issued by the ship master. Instead of referring him to the company's doctor, Erispe was made to sign a resignation letter which shows that he requested to disembark for personal reasons. He was also made to sign an off-signing clearance indicating that Erispe will just take a vacation. He signed these documents believing that hi s remaining wages and accrued benefits will be immediately released by Loadstar.[9] But Loadstar did not pay him. On January 31, 2010, Erispe was admitted at the Veterans Memorial Medical Center where he underwent a prostate surgery on February 1, 2010.[10] Before he was discharged, Erispe asked Loadstar for sickness allowance and reimbursement of his medical expenses but was denied.[11] On February 5, 2010, he was discharged from the hospital.[12] He claimed he suffered incontinence after surgery and was rendered unfit to work for more than 120 days.[13] On February 17, 2010, Erispe was made to sign a quitclaim and release for the sum of P6,381.60 representing his remaining salaries and other benefits before the Labor Arbiter (LA). The LA, however, declined to ratify the quitclaim and release because Erispe confirmed that he signed the same out of necessity.[14] On February 23, 2010, Erispe filed a Complaint before the NLRC for actual illegal dismissal; underpayment of salary/wages, overtime pay; and non-payment of vacation leave pay, sick leave pay, and medical expenses (hospitalization).[15] For its part, Loadstar denied that Erispe was dismissed. It maintained that Erispe disembarked because he had to renew his seafarer's registration certificate and passport which would respectively expire on August 16 and 28, 2010. It further claimed that when Erispe disembarked, he did so on a finished contract. Loadstar also denied petitioner's entitlement to his monetary claims.[16] The LA Ruling In a Decision[17] dated September 17, 2010, the LA ruled that Erispe was illegally dismissed. The LA took note of Loadstar's confusion as to the reason for Erispe's disembarkation. Having found to be illegally dismissed, Loadstar was ordered to pay Erispe the amount equivalent to the unexpired portion of his contract. The LA ruled that the original contract was renewed for three (3) consecutive periods of ten (10) months each and the last renewal was set to expire on September 6, 2010. The claims for permanent disability benefits, sickness allowance, and refund of medical expenses were denied because the disembarkation was not due to medical reasons. The dispositive portion of the LA's decision reads: WHEREFORE, in view of the foregoing, respondent Loadstar International Shipping, Inc. is hereby found liable for illegally dismissing complainant https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66175 2/10

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