6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly Petitioner demanded compensation by way of disability benefits and medical expenses from respondents, but the latter refused to pay. Ruling of the Labor Arbiter On April 82011, petitioner filed a claim for disability benefits, medical expenses, allowances, damages, and attorney's fees against respondents before the Labor Arbiter, which was docketed as NLRC-NCR Case No. (M) 04-05732-11. On August 31, 2011, Labor Arbiter Jose G. De Vera issued his Decision[7] in the case, which decreed as follows: There are formidable grounds why said complainant's claims must fail. First, the complainant was repatriated not on medical grounds but on account of the completion of his employment contract. x x x Second, it cannot be denied that before complainant was deployed and joined his vessel on October 17, 2008, he was already afflicted with hypertension and diabetes mellitus as found during his pre-employment medical examination. As a matter of fact, complainant admitted that upon joining the vessel in France, he had with him various maintenance drugs for his hypertension and diabetes mellitus. This necessarily indicates that complainant's medical condition of hypertension and diabetes mellitus were pre-existing and contracted during his employment on board the vessel from October 17, 2008 until he finished his contract and eventually repatriated on December 19, 2009. Moreover, there is no record that while on board the vessel for the entire period of his employment, he was treated on board the vessel and/or confined in a clinic or hospital in the foreign ports. In short, there is no proof of any aggravation of his ailments. Third, the complainant was repatriated not on medical grounds but precisely on account of completion of his employment contract. Hence, there was no reason for him to submit to post-employment medical examination within three (3) days from date of his arrival on December 19, 2009. In fact, there is no record that complainant had reported to the respondents Crossworld for the mandatory post-employment medical examination preparatory to further treatment and management of his ailments as contemplated under Section 20 [B] paragraph 3 of the POEA Standard Employment Contract. If there was any medical examination conducted thereafter, it was not for purposes of the complainant’s claim for disability benefit and medical expenses, but precisely for purposes of his aborted next employment contract sometime in March 2010. WHEREFORE, all the foregoing premises being considered, judgment is hereby rendered dismissing the complaint for lack of merit. SO ORDERED.[8] Ruling of the National Labor Relations Commission elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/62635 2/14

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