allowance, reimbursement of medical expenses, damages and attorney’s fees
against respondents.13[13]
Respondents disclaimed that petitioner’s illness is compensable, the same
not being an occupational disease and was pre-existing.14[14]
By Decision of December 19, 2005,15[15] the Labor Arbiter ruled in favor of
petitioner, holding that he got ill during the effectivity of his employment contract,
hence, entitled to disability benefits. Had the illness been pre-existing, the Labor
Arbiter held that it could have been discovered during the PEME.
By Decision of March 31, 2008,16[16] the NLRC overturned the Labor
Arbiter’s Decision holding that the illness of petitioner was pre-existing in nature
because it was the same illness for which he was medically repatriated under a
previous contract with respondents;17[17] that petitioner was fit to work at the time
of his engagement could not be the basis to grant compensation as the results of
13[13] Id. at 51.
14[14] Id. at 76.
15[15] Rollo, pp.94-102.
16[16] Id. at 140-148.
17[17] Id. at 144.