manning agent of its foreign principal, executed a Contract of Employment dated 2
December 1998.[3]
Once deployed on the M/V Sparrow, Perez started to suffer from persistent back
pains. Aboard the vessel, a foreign doctor who treated Perez issued a medical
report certifying that the latter was already fit for continued employment, but
recommending nonetheless that Perez be assigned to light work only. Perez was
thus repatriated to the Philippines as he could no longer perform his duties as a
fitter.[4]
Once back in the Philippines, Perez was diagnosed with lumbosacral
instability, a condition treatable by physical therapy. The persistent back pains
were caused by an injury in the lower spine causing Perezs lumbar curve to be
abnormally exaggerated due to his lifting and carrying of heavy objects as a fitter.
[5]
At the expense of Varorient, Perez was placed by company-designated
physicians under a physical therapy program consisting of 10-20 sessions. After
having completed 10 sessions, Perez abruptly discontinued his medical evaluation
and treatment.[6] Instead, on 9 September 1999, he filed a Complaint with the
National Labor Relations Commission (NLRC)[7] praying for disability benefits,
illness allowance, reimbursement of medical and medicine expenses, damages, and
attorneys fees. Named as respondents to the complaint were Varorient, Margarita
Colarina (Colarina), and Lagoa.
The case was assigned to Labor Arbiter Antonio Cea and the parties duly filed
their position papers. Eventually, the Labor Arbiter rendered a Decision[8] dated 20
January 2003 ordering the dismissal of the case for lack of merit. Perez appealed
the decision to the NLRC which, on 30 October 2003, rendered a
Decision[9] vacating and setting aside the Labor Arbiters ruling. The NLRC
ratiocinated that Perez had already complied with the requirements to claim
compensation for his injury pursuant to the POEA Standard Employment Contract
when he presented himself to the company-designated physician for medical
treatment within 120 days from the date of his repatriation, and that he was not to