physician; and (2) pay the injured seaman one hundred percent (100%) of his basic
wages from the time he leaves the vessel for treatment until he is declared fit to
work, but in no case shall this period exceed 120 days. The NLRC observed that
petitioners cannot be considered to have adequately discharged their obligation in
providing continuous treatment for respondent, as they failed to follow through
their company-designated physician’s recommendation, which required respondent
to undergo a two-week confinement and physical therapy and, if the injury remains
unresolved, for respondent to have surgical decompression. As a consequence,
respondent was constrained to seek treatment and surgery from a doctor other than
the company-designated physician. The NLRC also declared that respondent is
entitled to sickness wages equivalent to 120 days in the amount of US$4,800.00,
less the amount of US$1,010.00 which he had received, as full settlement of the
claim from the petitioners, per Receipt and Quitclaim dated June 25, 1997, or a net
total of US$3,790.00. However, the NLRC denied respondent's claim for
compensatory damages, as the contractual benefit of sickness wages provided for
under the Standard Contract is already a compensatory measure intended to assist
the injured seaman during the term of his contract. The dispositive portion of the
Decision reads:
WHEREFORE, the decision appealed from is hereby SET ASIDE.
Respondents Varorient Shipping Co., Inc. and Aria Maritime Co., Ltd., are,
jointly and severally, ordered to pay complainant Gil A. Flores the Philippine
Peso equivalent at the time of actual payment of THREE THOUSAND SEVEN
HUNDRED NINETY US DOLLARS (US$3,790.00), plus THIRTEEN
THOUSAND FIVE HUNDRED SEVENTY-NINE and 76/00 PESOS
(P13,579.76), representing the balance of the sickness wages and reimbursement
of medical and surgical expenses.
All other claims are DISMISSED for lack of merit.