8/26/2020 E-Library - Information At Your Fingertips: Printer Friendly On July 25, 2013, De Vera sought the medical opinion of Dr. Cesar H. Garcia (Dr. Garcia), an orthopedic surgeon. On the same day, after examining De Vera, Dr. Garcia concluded that the former is "unfit to work as a seaman in any capacity.”[24] The Labor Arbiter Ruling In its Decision dated November 28, 2013, the Labor Arbiter ruled that De Vera has been rendered totally and permanently disabled to perform his duties as a seafarer. The Labor Arbiter adjudged the respondents to pay De Vera the full coverage of his disability benefits in the amount of US$60,000.00. It also awarded De Vera attorney's fees equivalent to 10% of the total monetary award. In ruling for De Vera, the Labor Arbiter ratiocinated that despite the company-designated physicians' declaration of fitness for sea duty, De Vera has never been gainfully employed by the respondents thereby impairing his earning capacity. The dispositive portion of the decision states: WHEREFORE, PREMISES CONSIDERED, judgment [is] rendered ordering respondents jointly and severally to pay complainant Sixty Thousand U.S. Dollars (US$60,000.00) or its peso equivalent at the time of payment, plus 10% of the total award as attorney's fees. SO ORDERED.[25] Unconvinced, the respondents elevated an appeal to the NLRC. The NLRC Ruling In its Decision dated February 21, 2014, the NLRC reversed and set aside the November 28, 2013 Labor Arbiter Decision. It stressed that the company-designated physicians examined and treated De Vera for 58 days before finally clearing him of his medical condition. On the other hand, Dr. Garcia made his declaration of unfitness for work after a single consultation. Thus, unlike the company-designated physicians, Dr. Garcia did not have the chance to closely monitor De Vera's illness. It also noted that Dr. Garcia made his conclusion on the basis of previous findings and examinations performed by the company-designated physicians, as well as on the statements supplied by De Vera. As such, his findings were unsupported by sufficient proof. The NLRC also observed that De Vera voluntarily executed a Deed of Release and Quitclaim in the respondents' favor right after the issuance of the final medical assessment. The NLRC explained that in executing the said document, De Vera impliedly admitted the correctness of the assessment by the company-designated physicians. It also pointed out that merely four days after filing the complaint, De Vera executed a Deed of Release and Quitclaim in favor of the respondents, which the former neither challenged nor refuted. Thus, the NLRC ruled that De Vera's cause of action is without merit. The dispositive portion of the NLRC Decision reads: WHEREFORE, premises considered, the Decision dated November 28, 2013 is hereby REVERSED and SET ASIDE. SO ORDERED.[26] https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65369 3/14