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forced him to litigate, they must likewise be ordered to pay attorney's fees
of ten percent (10%) of the total award in his favor.
Complainant also filed an Addendum Supplement dated 27 December 2012,
wherein it was alleged that respondents are legally mandated to provide
sickness allowance equivalent to 120 days salaries; and that their refusal to
pay sickness allowance is a manifest sign of bad faith which makes them
liable for damages.
Respondents filed their Position Paper dated 05 December 2012, and
averred, inter alia, that: complainant is not entitled to disability
compensation under the POEA Standard Employment Contract because his
testicular cancer is not work-related; Section 32 of the POEA Standard
Employment Contract states that epidydimitis and testicular cancer are not
considered as occupational diseases; Section 32-A of the POEA Standard
Employment Contract provides that for an occupational disease and the
resulting disability or death to be compensable, four conditions must be
satisfied; none of these conditions have been met; his work did not involve
the risks inherent in acquiring epidydimitis and testicular cancer; none of his
duties as a First Cook was a contributing factor in the development of
epidydimitis which is an illness pertaining to the male reproductive organ in
relation to sexual intercourse; testicular cancer is a disease in which cells
become malignant in one or both testicles; he has the burden of proving the
reasonable connection between his ailments and his working conditions; he
was onboard the Royal Clipper for ten days before he started complaining of
pain in his right testicle; it is medically impossible for him to have developed
his epidydimitis and testicular cancer in such a short period of time; his
epidydimitis, which became testicular cancer, is not work-related, and not
compensable; and he is not entitled to sickness allowance and
reimbursement of medical expenses, damages and attorney's fees.
Respondents filed their Reply dated 09 January 2013. Complainant also filed
his Reply dated 15 January 2013 and Rejoinder of even date. Respondents
then filed their Rejoinder dated 18 January 2013.[6]
Labor Arbiter (LA) Decision
The LA found that petitioners were liable to pay respondent permanent and total
disability benefits and sickness allowance for 120 days, as well as attorney's fees. The
dispositive portion of the LA Decision[7] dated January 31, 2013 states:
WHEREFORE, Respondents JEBSENS MARITIME, INC. and STAR
CLIPPERS LTD. are solidarily liable to pay the Complainant the amount of
SIXTY THOUSAND U.S. DOLLARS (US$60,000.00) representing his total
and permanent disability benefits, TWO THOUSAND FIVE HUNDRED
EIGHTY U.S. DOLLARS (US$2,580.00) as his sickness allowance; and ten
(10%) percent thereof, or SIX THOUSAND TWO HUNDRED FIFTY EIGHT
U.S. DOLLARS (US$6,258.00) as and for attorney's fees, or their peso
equivalent at the time of payment.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65293
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