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On the other hand, Status Maritime Corporation alleges that Eduardo was examined by
the company-designated physician on September 24, 2008.
His medical history
showed that he had been suffering from diabetes mellitus and hypertension since the
1990s.[12] He underwent an electromyography and nerve conduction velocity (EMGNCV) testing, and the results showed that he had diffused “sensimotor polyneuropathy
as seen in diabetes mellitus.”[13]
orthopedic surgeon.[14]
He was also examined by a neurologist and an
The company-designated physician noted that the illness was
pre-existing.[15]
In
January
2009,
the
company-designated
physician
assessed
that
Eduardo’s
polyneuropathy secondary to diabetes mellitus was not work-related.[16]
The Labor Arbiter ruled in favor of Flor and awarded death benefits, burial expenses,
and attorney’s fees.[17] The dispositive portion of the Decision reads:
WHEREFORE, premises considered, judgment is hereby rendered ordering
respondents jointly and severally liable:
1) To pay complainant the amount of US$50,000.00, or its
equivalent in Philippine Peso at the prevailing rate of exchange at
the time of actual payment, representing the death benefits of
the late Eduardo P. Dayo;
2) To pay complainants the amount of US$1,000.00, or its
equivalent in Philippine Peso at the prevailing rate at the time of
actual payment, representing the burial expenses;
3) To pay complainant the amount equivalent to ten (10%)
percent of the total judgment award, as and for attorney’s fees;
Other monetary claims are dismissed for lack of merit.
SO ORDERED.[18]
Status Maritime Corporation appealed to the National Labor Relations Commission.[19]
In the Decision dated September 30, 2010, the National Labor Relations Commission
First Division reversed the Labor Arbiter’s Decision and held that:
WHEREFORE, premises considered, the appeal of respondents is
GRANTED. Thus, the appealed Decision is hereby REVERSED and SET
ASIDE, and another one entered DISMISSING the instant complaint for lack
of merit.
SO ORDERED.[20]
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/59159
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