4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly The respondents denied liability, contending that Villanueva was repatriated not for medical reasons, but for the completion of his contract. They maintained that Villanueva disembarked without any known illness and that his present ailment, if any, is not compensable because it was contracted outside his employment. In a Decision[4] dated June 30, 2006, Labor Arbiter (LA) Antonio Macam dismissed the complaint for lack of merit, declaring that Villanueva’s heart ailment is not compensable as it was not work-related. On appeal, the National Labor Relations Commission (NLRC) rendered a Decision[5] dated March 26, 2008, affirming in toto LA Macam’s ruling. Villanueva moved for reconsideration, but the NLRC denied the motion. He then sought relief from the CA through a Rule 65 petition for certiorari on the issue of whether the NLRC committed grave abuse of discretion in ruling that his ailment is not compensable. In its now challenged Decision, the CA denied the petition, thereby sustaining the NLRC rulings. It brushed off Villanueva’s submission that his heart ailment, which he allegedly contracted during his almost twenty (20) years of employment with the respondents, was aggravated by his work on board the vessel M/S Forestal Gaia. While the CA acknowledged that under Section 32-A(11) of the 2000 POEA-Standard Employment Contract, an aggravation would make his claimed heart ailment an occupational disease, no substantial evidence supported this situation. Further, the CA stressed that the fact that Villanueva was repatriated for finished contract and not for medical reasons weakened, if not belied, his claim of illness on board the vessel. Lastly, the CA found that Villanueva failed to comply with the mandatory three-day post-employment medical examination under Section 20(B)(3) of the 2000 POEA-Standard Employment Contract, contrary to his claim that he reported to the agency upon his repatriation and asked for a medical check-up but was refused. Villanueva moved for reconsideration of the CA Decision, but the CA denied the motion. Hence, the present recourse. Villanueva prays for a reversal of the CA rulings, contending that the appellate court erred in dismissing his claim for disability benefits on the grounds that: (1) he failed to present evidence of work-connection for his heart condition; (2) he was repatriated on account of a finished contract; and (3) he failed to comply with the mandatory threeday post-employment medical examination under the 2000 POEA-Standard Employment Contract. Villanueva insists that his heart ailment was work-connected because as early as July 28, 2003, he was no longer fit for sea duties, but he was deployed nonetheless by the respondents for the obvious reason that they badly needed his services as bosun. He argues from this premise that his repatriation for finished contract does not militate against his claim for disability benefits. Further, the CA’s conclusion that he failed to comply with the mandatory 3-day post-employment medical examination upon repatriation is erroneous as he stated under oath before the LA that he reported to the elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55999 2/3

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