Upon his arrival in the Philippines, Suganob was immediately referred by the
petitioners to the Peoples Diagnostic Center, Inc. where a series of examinations
and diagnosis were performed on him. The medical report showed that he had
right shoulder sprain, gouty arthritis, urinary tract infection and hypertension
and that he was unfit to work until October 11, 2001. On October 29, 2001,
Suganob was declared fit to work by the Peoples Diagnostic Center, Inc.
provided he maintains his medications. However, on April 5, 2002, Suganobs
physician declared that he cannot be cleared and is not fit to work because of his
age and the recurrence of symptoms of illness.
As Suganob was totally incapacitated, he sought his permanent disability
compensation and other benefits from petitioners who refused his
request. Hence, on April 25, 2002, Suganob filed a Complaint[4] to recover
sickness and permanent disability benefits.
On October 30, 2002, the Labor Arbiter rendered a Decision[5] in favor of
Suganob, the dispositive portion of which reads as follows:
WHEREFORE, premises considered, judgment is hereby rendered
ordering respondents [herein petitioners] to pay complainant [Suganob] jointly
and severally the following:
1. 120 [days] sickness benefits as provided for under the POEA
Standard Employment Contract which is equivalent to
US$3,036.00;
2. Permanent disability benefits equivalent to US$60,000.00 as
provided for under the POEA Standard Employment Contract;
3. 10% of the total award recovered as attorneys fees.
All other claims are dismissed for lack of merit.
So Ordered.[6]
Not satisfied with the foregoing decision, petitioners interposed an appeal
before the National Labor Relations Commission (NLRC). The NLRC issued a
Notice of Conference setting the case for conference in order to give the parties
an opportunity to settle the case amicably. However, the parties failed to settle
amicably. Thus, on April 22, 2004, the NLRC rendered its Decision[7]remanding
the case to the Labor Arbiter. The dispositive portion of said decision states: