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All other claims are dismissed for lack of merit.
SO ORDERED.[8]
The LA found that respondent acquired epidydimitis and testicular cancer[9] while he
was on-board the vessel because he was declared fit to work during his preemployment medical examination.[10] The LA also found that respondent was subjected
to enormous stress and constantly exposed to dusts, chemical irritants, and/or natural
elements such as harsh sea weather.[11]
NLRC Resolution
On appeal, the NLRC partially granted the appeal. The dispositive portion of the NLRC
Resolution[12] dated June 28, 2013 states:
WHEREFORE, premises considered, the appeal is PARTLY GRANTED and
the Decision dated 31 January 2013 is hereby MODIFIED ordering
respondents-appellants who are solidarity held liable, to pay complainantappellee disability compensation in the amount of US$7,465 corresponding
to the Grade II Schedule of Disability under Section 32 of the POEA
Standard Contract.
The Labor Arbiter's award of sickness allowance and attorney's fees to
complainant-appellee is AFFIRMED.
SO ORDERED.[13]
The NLRC ruled that respondent's testicular cancer is not work-related because
respondent complained of pain in his right testicle on his 10th day onboard the vessel
and that cancer cannot happen in just 10 days.[14] Nonetheless, the NLRC ruled that
given the fact that it was undisputed that respondent lost one testicle, which is
considered an illness under Urinary and Generative Organs with a disability grade of 11,
respondent is entitled to US$7,465.00.[15] Having failed to show proof of payment of
sickness allowance to respondent, the NLRC affirmed the LA's award of sickness
allowance to respondent.[16]
CA Decision
Aggrieved, respondent filed a petition for certiorari with the CA, which nullified the
NLRC Resolutions and reinstated the LA Decision. The dispositive portion states:
WHEREFORE, premises considered, the Petition is GRANTED. The
Resolutions dated 28 June 2013 and 30 September 2013 of the National
Labor Relations Commission (Third Division) in NLRC NCR Case No. OFW (M)
11-16383-12; NLRC LAC No. (OFW-M) 03-000279-13 are NULLIFIED. The
Decision dated 31 January 2013 of Labor Arbiter Rommel R. Veluz is
REINSTATED. No pronouncement as to costs.
SO ORDERED.[17]
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