5/28/2020
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“Without doubt, [Libang] had gone through a thorough and rigid screening
process of [ISMI and Santos] (medical examinations included) before an
agreement or the contract of employment between the parties was reached
and actualized. This is precisely the reason why [ISMI and Santos], should
not be allowed to make use of the argument that “[Libang] is not entitled to
any disability benefits as he was already suffering from a pre-existing
illness when he entered into a contract of employment with [ISMI and
Santos].” This[,] not to mention the fact that there simply is no showing by
sufficient evidence on the part of [ISMI and Santos] that the subject illness
was pre-existing. Be it mentioned that hypertension is a health condition
that could easily be detected by ordinary modes of physical
examination.”[22]
The dispositive portion of the LA’s decision then reads:
WHEREFORE, premises considered, judgment is hereby rendered declaring
complainant’s entitlement to the disability benefit (impediment Grade VI)
claimed. Accordingly, respondents are hereby directed to pay complainant
herein the sum of US$25,000.00 by way of disability benefit, plus ten (10%)
percent thereof, or US$2,500.00, as and by way of attorney’s fees.
The claim for illness allowance, however, is DISMISSED as there is evidence
of due payment thereof by respondents.
SO ORDERED.[23]
Feeling aggrieved, ISMI and Santos, together with Majestic, appealed the LA’s decision
to the NLRC.
The Ruling of the NLRC
On September 11, 2007, the NLRC issued a resolution[24] dismissing the appeal. In
sustaining the LA’s finding that Libang was entitled to disability benefit, the NLRC
considered the reasonable connection between the nature of Libang’s work as a cook
and the development of his illness. It held:
x x x [A]s shown by Libang, the nature of his work as a cook, exposed him
to certain hazards. We quote:
“His daily tasks involved preparations of food items and the
strenuous lifting of food provisions and supplies sometime[s] too
heavy to be carried by one person, prepared and cooked dishes,
cakes, pies, desserts; operated oven in cooking by boiling, grilling
and roasting. Performed cleaning and washing of equipment,
kitchen tools and maintained the cleanliness of the work areas;
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