6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly Due to his medical condition[,] he is permanently unfit for further sea service in any capacity. Such injury/illnesses are work[-]related since exposed to toxic and hazardous material. Continuous medications and follow-up is advised . . . [28] Due to his alleged "very slow healing process," the four (4) months of medical coverage included in his employment contract with NYK-FIL expired.[29] However, he still continued his medication as advised by Dr. Españo.[30] Madridejos claimed that he also engaged the services of Dr. Eduardo Yu (Dr. Yu), an internist and specialist at Mary Chiles General Hospital.[31] Thus, another medical certificate was issued in his favor which provided: This is to certify that I have examined Mr. Mario Madridejos, male[,] married, in this clinic on September 16, 2010 and up to the present with following finding[s] and diagnosis of Sebaceous Cyst (Right Umbilicus) [.] Physical findings ha[ve] been noted with POEA Disability Grade 7-Moderate Residuals of Disorders of the Intra-abdominal Organ but due to the [sjeverity and deterioration of injury/illness, he is entitled under P.O.E.A Disability Grade 1 for Severe Residuals of Impairment of Intra-Abdominal organ which requires aid and attendance that will unable [sic] worker to seek any gainful employment. Due to his medical condition[,] he is permanently unfit for further sea service in any capacity. Such injury/illness are work[-]related since exposed to toxic and hazardous materials. Advised continuous medications and follow-up check-up[.][32] Madridejos argued that NYK-FIL ignored his repeated demands.[33] He was then prompted to file a complaint "for disability benefits, payment of medical expenses, damages, and attorney's fees"[34] against NYK-FIL before the labor arbiter.[35] NYK-FIL denied that Madridejos was repatriated due to his sebaceous cyst. It asserted that this was not the reason since the cyst had been excised completely during his operation at Spire Southampton Hospital. Moreover, Madridejos even resumed his job "for the next two [2] months without any complaint or report of recurrence."[36] NYK-FIL also insisted that Madridejos was not entitled to any disability claim since there was allegedly no disability to address. Madridejos only underwent an excision under a local anesthesia, which did not, in any way, "render him incapable to return to his previous work as a seafarer."[37] NYK-FIL surmised that Madridejos merely filed a complaint as "an afterthought or an act of retribution . . . due to the early termination of his employment contract."[38] NYK-FIL purportedly terminated Madridejos' services properly pursuant to "Item 7"[39] of their employment agreement.[40] elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63066 4/25