The Antecedents
cralawOn
June 27, 2000 petitioner Benjamin L. Sarocam was hired by
Interorient Maritime Ent., Inc. and Demaco United Ltd., for a twelve-month
contract as 'bosun on board M/V Despina. His basic monthly salary was
US$450.00 on a 48-hour work week, with a fixed overtime pay of
US$180.00 per month for 105 hours, supplementary wage of US$70.00,
and vacation leave with pay of 2.5 days.[4]
cralawWhile
the vessel was navigating to China, petitioner suffered lumbar
sprain when he accidentally fell from a ladder. [5] On November 15, 2000,
he was examined and found to have neuromyositis with the waist and
diabetes. The examining physician prescribed medicine and recommended
the signing off and hospitalization of petitioner. [6] His employers agreed
to repatriate him on November 30, 2000.
cralawOn December 5, 2000, petitioner was referred to the companydesignated physician, Dr. Teodoro F. Pidlaoan, Medical Director of the Our
Lady of Fatima Medical Clinic. The x-ray of his lumbosacral spine revealed
normal results and his Fasting Blood Sugar test revealed 9.1 (NV 4.1-6.1
umol/l). Petitioner was given Alaxan tablet for his back pain and Euglocon
for his elevated blood sugar. He was also advised to return for follow-up
evaluation. On December 13, 2000, he returned to the clinic with no more
complaints of back pains. His sugar examination likewise revealed normal
results. Petitioner was then declared 'fit for duty effective on that day. [7]
cralawOn
March 20, 2001, or barely three months from being pronounced fit
to work, petitioner executed a release and quitclaim [8] in favor of his
employers where he acknowledged the receipt of US$405.00 as his
sickwages and freed his employers from further liability.
cralawHowever, on November 27, 2001, petitioner filed a complaint with the
labor arbitration branch of the NLRC for disability benefit, illness
allowance/reimbursement of medical expenses, damages and attorney's
fees.[9] To support his claim, he presented the following: (1) a medical
certificate[10] dated July 25, 2001 issued by Dr. Rimando C. Saguin
recommending a Grade VIII disability under the POEA schedule of
disability grading; (2) a medical certificate [11] dated July 27, 2001 issued