6. In case of permanent total or partial disability of the seafarer
caused
by either injury or illness, the
seafarer shall be compensated in
accordance
with the schedule of benefits enumerated in Section 32 of his Contract. Computation of
his benefits arising from an illness or
disease shall be governed by the rates and
the rules of compensation
applicable at the time the illness or disease was contracted.
On June 21, 1997, respondent was repatriated to the Philippines and
declared fit to work on November 7, 1997, or a total period of 141 days. Applying
the said provisions of the Standard Contract, respondent is entitled to receive
sickness wages, covering the maximum period of 120 days, or the amount of
US$4,800.00. The NLRC, as affirmed by the CA, found that petitioners are liable
to pay respondent the total amount of US$3,790.00 (US$4,800.00 less the amount
of US$1,010.00 which he already received by virtue of the Receipt and Quitclaim
dated June 25, 1997).
As pointed out by the CA, petitioners, in their motion for reconsideration of
the NLRC Decision dated May 25, 1999, raised for the first time that they had
given the amount of US$3,790.00 to respondent and belatedly submitted two (2)
cash vouchers, i.e., US$1,000.00, dated April 16, 1997, which was signed by
respondent; and US$2,290.00, dated April 21, 1997, which was signed by
respondent's wife Cristina Flores, or a total of US$3,790.00. The CA observed that
the said cash vouchers do not bear the name and logo of petitioners, unlike the
check voucher they issued for the reimbursement of the medical expenses of
respondent amounting to P4,896.50, and that these vouchers were supposedly
already in existence or in the possession of the petitioners since April 1997, but
they never interposed such fact in their pleadings, e.g., Position Paper, Supplement
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