6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly NYK-FIL concluded that Madridejos' illness was not work-related since there was no reasonable correlation between his cyst and his functions as a Demi Chef.[41] A cyst is merely caused by "blocked sebaceous glands, swollen hair follicles, and excessive testosterone production."[42] In his August 11, 2011 Decision,[43] Labor Arbiter Gaudencio P. Demaisip, Jr. (Labor Arbiter Demaisip) found that Madridejos' illness "was incurred during the term of his employment contract," making it "compensable."[44] Madridejos' explanation, which stated: He affirmed and quoted As aptly pointed out by the Supreme Court explaining the doctrine of "Welfare Legislation", thus: Compensability of illness. Under the relevant contract: Compensability of the illness or death of [a] seaman need not depend on whether the illness was total or partial permanent disability. It is sufficient that the illness occurred during the effectivity of the employment contract. Even assuming that the ailment was contracted prior to employment, this would not deprive the seaman of compensation benefits. For what matters is that his work had contribute[d], even in a small degree, to the development of the disease and in bringing about his Intra-abdominal organs which requires aid and attendance that will unable [sic] workers to seek gainful employment. 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 materials. Continuous medications and follow[-]up is advised. This certification is being issued for whatever purpose it may serve him best.[45] (Emphasis in the original) Labor Arbiter Demaisip emphasized, however, that since there was no evidence to prove the severity of Madridejos' illness, he should only be given a Disability Grade of 7.[46] The dispositive portion of the decision read: IN VIEW OF THE FOREGOING, respondent Agency is directed to pay the complainant an amount equivalent to Grade 7 or US$ 20,900. SO ORDERED.[47] Both parties assailed the decision of Labor Arbiter Demaisip before the National Labor Relations Commission.[48] Madridejos asserted that Labor Arbiter Demaisip "erred in assessing him with only a Grade 7 disability" and claimed that "it should have been Grade 1 or permanent/total disability."[49] On the other hand, NYK-FIL averred that Labor Arbiter Demaisip failed to consider the termination of contract as the real cause behind Madridejos' repatriation.[50] elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63066 5/25

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