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nephrolithiasis and lumbar spondylosis. They likewise informed petitioners in
a letter dated 23 April 2013 that the disability grading of private respondent
is Grade 8, i.e. loss of 2/3 lifting power of the trunk.
On 04 May 2013, private respondent consulted an independent physician,
Dr. Rogelio Catapang, Jr.; and on 07 May 2013, he filed a complaint for
illness allowance, disability benefits, reimbursement of medical expenses
and damages. In his Medical Report dated 29 June 2013, Dr. Catapang
stated that private respondent is unfit for further strenuous duties.
Disputing the claim, petitioners countered that the bilateral nephrolithiasis
suffered by private respondent is not work related as certified by the
company-designated [physician]; rather, it is caused by a combination of
genetic predisposition, diet and water intake. Meanwhile, the lumbar
spondylosis was classified as Grade 8 disability only. Petitioners likewise
contended that the illness or injury did not result from an accident, as there
was no confirmation or validation of such incident except only the selfserving statements of private respondent and his peer, AB Magalona.
Consequently, private respondent is not entitled to the disability
compensation granted under Paragraphs 28.1 and 28.4, Article 28 of the
CBA.[4]
LA Decision
The Labor Arbiter (LA) ruled that petitioner figured in an accident, which caused his
lumbar spondylosis.[5] The LA found that petitioner's medical problem had not been
resolved following the Grade 8 disability rating of the company-designated physician
and the findings of his independent doctor which showed that it was impossible for
petitioner to be gainfully employed as a bosun.[6] Given this, the LA ruled that
petitioner was entitled to permanent total disability benefits following the IBFJSU/AMOSUP-IMMAJ Collective Bargaining Agreement[7] (CBA).[8] The dispositive
portion of the LA Decision[9] states:
WHEREFORE, in view of the foregoing, judgment is hereby rendered
ordering respondents ORIENT LINE PHILIPPINES, INC AND/OR ORIENT
NAVIGATION CORP. and MR. MACARIO DELA PE[Ñ]A liable to pay, jointly and
severally, complainant EFREN J. JULLEZA, the amount of US$90,882.00 or
its Philippine Peso equivalent at the time of payment, representing the
latter's permanent total disability benefits plus US$9,088.20 or ten percent
(10%) of the total award, as and by way of attorney's fees.
SO ORDERED.[10]
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65520
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