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the request/resignation, Calawigan disembarked the vessel at the Port of Davao on 5
June 2005[8] and, upon receipt of his monetary entitlements in the sum of P39,441.32,
executed a Release and Quitclaim dated 29 June 2005 in favor of LISI.[9]
On 4 July 2005, Calawigan filed against LISI the complaint for medical reimbursement,
sickness allowance, permanent disability benefits, compensatory damages, moral
damages, exemplary damages and attorney’s fees which was docketed before the
arbitral level of the National Labor Relations Commission (NLRC) as NLRC NCR OFW-0507-01593-00.[10] Contending that his shipboard employment exposed him to stress,
depression, chemical irritants and rigors of the sea, Calawigan alleged that he suffered
blurring of vision and a roaring sound in his ears while overhauling a piston in the
vessel’s engine room sometime in March 2005. In view of his worsening condition
which he initially attributed to overfatigue, Calawigan claimed that he requested for a
reliever and a medical check up when the vessel docked at Ishinomaki, Japan. On 16
May 2005, he was diagnosed by a Japanese doctor to be suffering from “Uveitis” and
advised to disembark the vessel for medical treatment.[11]
Upon his 5 June 2005 disembarkation, Calawigan maintained that he requested for a
medical examination from LISI which simply referred his request to the Social Security
System (SSS) as a sickness benefit claim. As a consequence, he was supposedly
constrained to consult Dr. Luis Mendiola (Dr. Mendiola) at the Manila Hearing Aid Center
(MHAC) on 27 June 2005 and to undergo an ultrasonography of his right eye at the St.
Luke’s Medical Center (SLMC) where he was diagnosed to be suffering from “Retinal
Detachment w/ Vitreous Opacities, O.D.”[12] On the strength of the MHAC diagnosis
that he was likewise suffering “moderate bilateral sensorineural hearing loss” in the
right ear,[13] Calawigan was issued a Medical Certificate dated 5 July 2005 by Dr.
Mendiola who assessed his disability as Grade 3[14] under the POEA Standard
Employment Contract for Filipino Seafarers On-Board Ocean-Going Vessels (POEASEC). Ultimately, Calawigan asserted that LISI unjustifiably turned a deaf ear to his
demands for payment of the disability and medical benefits due him.[15]
LISI, on the other hand, denied liability for Calawigan’s monetary claims. Maintaining
that the latter complained of no ailment while on-board the vessel M/V Foxhound, LISI
averred that Calawigan voluntarily pre-terminated his employment contract for
personal reasons, as evidenced by his request for disembarkation/resignation letter.
Not having been repatriated for medical reasons, Calawigan allegedly reported to LISI’s
office to claim his last salary and benefits in the sum of P39,441.32 which he was
accordingly paid as likewise evidenced by the Release and Quitclaim he executed in its
favor on 29 June 2005. In essence, LSI claimed that Calawigan did not sustain any
injury or illness in the course of his employment and, as a consequence, was not
entitled to medical reimbursement, sickness allowance and permanent disability
benefits, much more to the compensatory damages, moral damages, exemplary
damages and attorney’s fees sought in the complaint.[16]
On 28 December 2005, Labor Arbiter Veneranda C. Guerrero (Labor Arbiter) rendered a
decision, dismissing Calawigan’s complaint for lack of merit. Finding no showing in the
record that said seafarer was repatriated for medical reasons on account of an illness or
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55413
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