To establish compensability, respondent Abalos consulted Dr. Efren R.
Vicaldo, an internist of the Philippine Heart Center, who certified that: 1) Abalos
had gall bladder stones requiring surgery; 2) he was unfit to resume work as
seaman; and 3) his illness was work-aggravated with an impediment of grade VII
(41.80%).[10]
Efforts to amicably settle the dispute did not materialize.[11] Thus, on
January 29, 2004 the Labor Arbiter rendered a decision,[12] granting respondent
Abalos permanent disability benefit, sickness allowance, and 10 percent of the
award as attorney’s fees. The Labor Arbiter found that Abalos became ill while on
board his assigned vessel and the demanding nature of his work aggravated it, thus,
establishing a reasonable connection between the two. He denied the other claims
for lack of merit.
But, on appeal by petitioner BSI, on February 23, 2006 the National Labor
Relations Commission (NLRC) rendered judgment[13] that set aside the Labor
Arbiter’s decision. The NLRC pointed out that the applicable standard terms of
employment did not regard respondent Abalos’ illness as an occupational
disease. He also failed to show that his work on ship aggravated it. His motion for
reconsideration having been denied,[14] Abalos went up to the Court of Appeals
(CA) in CA-G.R. SP 95238.
On January 30, 2007 the CA rendered a decision,[15] granting the petition,
setting aside the NLRC decision, and reinstating that of the Labor Arbiter. On
March 19, 2007 the appellate court denied BSI’s motion for reconsideration,
[16]
hence, the present petition for review.
Issue Presented
The core issue presented in this case is whether or not
Abalos’ cholecystolithiasis or gallstone is compensable and, thus, entitles him to
disability benefits and sickness allowance.
The Court’s Rulings