8/27/2020 E-Library - Information At Your Fingertips: Printer Friendly 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 2/14

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