6/14/2021
E-Library - Information At Your Fingertips: Printer Friendly
On the basis thereof, Alcid sought the payment of disability benefits, sickness allowance
and reimbursement of his medical expenses. However, respondents rejected his claims.
On June 15, 2009, Alcid initiated a grievance before the AMOSUP pursuant to the terms
of the CBA. However, the parties failed to reach an amicable settlement during the
mandatory conferences.[23]
Subsequently, Alcid filed a Notice to Arbitrate before the NCMB. On October 26, 2009,
the parties executed a Submission Agreement.
Unfortunately, on October 3, 2010, Alcid succumbed to his illness.[24]
Ruling of the NCMB
In a Decision[25] dated October 8, 2010, the NCMB awarded Alcid disability benefit
under the CBA, sickness allowance, and reimbursement for medical expenses, with
attorney's fees.
The NCMB held that sarcoma is disputably presumed to be work-related.[26] In Alcid's
work as an able seaman, he was constantly exposed to various injurious and harmful
chemicals. His work was strenuous and he had to contend with the harsh environment
at the sea. The NCMB excused Alcid from the obligation of proving direct causation
between his working conditions and his illness, acknowledging that the exact origin of
sarcoma is unknown and that under the present state of science, the evidence to prove
causation is "unavailable and impossible to comply with."[27] Hence, Alcid's "obligation
to present such an impossible evidence must therefore, be deemed void."[28] This
notwithstanding, Alcid is entitled to compensation on account of the provisions on social
justice.[29]
The NCMB further noted that Alcid's condition constitutes a total and permanent
disability. He was unable to work for more than 120 days and his disability went beyond
240 days.[30] Accordingly, the NCMB awarded permanent disability benefits under the
CBA,[31] and sickness allowance equivalent to US$2,252.00 (120 days or four months
of Alcid's basic monthly salary of US$563.00).[32] The NCMB further ordered the
reimbursement of P255,733.87, which represents the additional medical expenses Alcid
incurred.[33]
Finally, the NCMB awarded attorney's fees equivalent to 10% of the total monetary
award considering that Alcid was compelled to hire the services of counsel to protect
his rights and interests.[34]
The dispositive portion of the NCMB ruling reads:
WHEREFORE, premises considered, a decision is hereby rendered,
ORDERING herein respondents Pacific Ocean Manning, Inc., and/or
Worldwide Crew, In., to jointly and solidarily pay complainant Alcid C.
Balbarino, the amount of EIGHTY-NINE THOUSAND ONE HUNDRED U.S.
DOLLARS (US$89,100.00), as disability benefits; TWO THOUSAND TWO
HUNDRED FIFTY-TWO US DOLLARS (US$2,252.00) as sickness allowance;
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66892
3/23