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success and respondent was immediately discharged the following day.[13] Thereafter,
he continuously reported to Dr. Gatchalian for medical treatment and evaluation. He
was subjected to numerous laboratory examinations, medication, and was advised to
refrain from engaging in strenuous activities, such as lifting, while recovering.
Despite continuing medical treatment and evaluation with the company-designated
physician, respondent filed on July 20, 2010 a complaint with the NLRC for permanent
disability benefits, damages, and attorney's fees against petitioners. On August 12,
2010, respondent consulted his own physician, Dr. Antonio C. Pascual (Dr. Pascual), a
Cardiologist, who diagnosed him with Essential Hypertension, Stage 2, Epididymitis,
right, Varicocoele, left, S/P Varicocoelectomy and certified him medically unfit to work
as a seaman.[14]
Meanwhile, on August 24, 2010, Dr. Gatchalian pronounced respondent fit to resume
sea duties.[15]
Proceedings before the Labor Arbiter
In his position paper, respondent averred that for almost a year since November 2009,
when he first sought medical attention for his work-related illness on board the vessel,
he failed to earn wages as a seafarer. Due to loss of his earning capacity as a result of
his unfitness for further sea duties, as attested by the medical findings of his own
physician, Dr. Pascual, respondent claimed that he was entitled to permanent total
disability benefits amounting to US$60,000.00 pursuant to the POEA-SEC as well as
moral, exemplary and compensatory damages for P500,000.00 each and 10%
attorney's fees.
Petitioners, on the other hand, disclaimed respondent's entitlement to any disability
compensation or benefit since his illness was not an occupational disease listed as
compensable under the POEA-SEC[16] and was not considered work-related. Petitioners
maintained that respondent was never declared unfit to work nor was he rendered
permanently, totally or partially, disabled, averring that Dr. Gatchalian, the urological
surgeon who closely monitored respondent's condition, already declared him fit to
resume sea duties. Petitioners insisted that Dr. Gatchalian's assessment should prevail
over that rendered by Dr. Pascual, who examined respondent only once. Further,
according to petitioners, respondent's failure to consult a third doctor who is tasked to
settle the inconsistencies in the medical assessments in accordance with the provisions
of the POEA-SEC was fatal to his cause.
In a Decision[17] dated April 1, 2011, the Labor Arbiter awarded respondent total and
permanent disability compensation in the amount of US$60,000.00 and attorney's fees
in the amount of US$6,000.00. The Labor Arbiter found that respondent's illness had a
reasonable connection with his work condition as an Able Seaman, thus, was workrelated and compensable. At any rate, his illness, although not listed as occupational
disease, enjoyed the disputable presumption of work-connection or work-aggravation
under the POEA-SEC. The Labor Arbiter then found credence in the assessment made
by respondent's physician, Dr. Pascual, who certified respondent to be suffering not
only from Varicocoele but also from Stage 2 Hypertension, an illness which was likewise
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