6/14/2021 E-Library - Information At Your Fingertips: Printer Friendly coronary artery disease."[13] For this reason, Alfredo underwent a coronary artery bypass grafts (CABG) surgery.[14] After the operation, Alfredo was declared unfit to work and was recommended for medical repatriation.[15] On October 28, 2012, Alfredo arrived in the Philippines. Alfredo still complained of persisting chest pains and was immediately admitted on October 29, 2012, at the Manila Doctors Hospital for examination of companydesignated physicians. After a series of laboratory tests, Alfredo was discharged from the hospital on November 1, 2012. The company-designated physician found his conditions to have stabilized, but he was still advised to continue follow-up check-up with the company-designated physicians.[16] On November 8, 2012, the companydesignated physicians issued a medical certificate[17] showing that Alfredo is suffering from coronary arterial disease post CABG. On November 19, 2012, the physicians of MMMI declared Alfredo's heart condition and gouty arthritis as "not work[-]related"[18] and with a prognosis of "good."[19] The medical report further states that Alfredo shall be referred to a cardiologist for final clearance after one month.[20] He continued appearing for medical check­ups with the company-designated physicians extending to four months. On March 8, 2013, the company-designated physicians issued a report[21] stating that the wife of Alfredo appeared on his behalf to relay that Alfredo was incapable of traveling for the scheduled check-up due to his arthritis. Thereafter, Alfredo sought for payment of permanent and total disability benefits from MMMI, which was denied because the company-designated physicians assessed his illness at disability Grade 10 only.[22] On March 12, 2013, Alfredo filed a complaint for payment of permanent and total disability benefits with the National Labor Relations Commission (NLRC).[23] In June 2013, he secured the medical opinion of his physician, which stated that he had a permanent disability because he is unable to perform his work in the same manner as he used to. MMMI, on the other hand, argues that the complaint should be dismissed because the Labor Arbiter (LA) had no jurisdiction over the instant case.[24] The CBA provides for a grievance machinery wherein parties must first raise their dispute with the voluntary arbitrators.[25] Further, the illness of Alfredo is not work-related because: (1) he was already hypertensive prior to deployment; (2) his work does not involve or expose him to any risk of acquiring heart attack or coronary heart disease; (3) it is not possible for him to have contracted his disease in the short course of time; (4) he did not show proof that he complied with the prescribed maintenance medication and lifestyle; and (5) an assessment had been issued by a medical expert that his illness as not workrelated.[26] Alfredo also reneged on his medication with the company-designated physician because he manifested that he no longer wants to be treated by the company-designated physicians.[27] Ruling of the Labor Arbiter https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66856 2/12

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