6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly of discretion amounting to lack or excess of jurisdiction by disregarding the pertinent provisions of the Philippine Overseas Employment Agency Employment Contract.[66] Moreover, he argued that the National Labor Relations Commission gave more weight to NYK-FIL's "purely gratuitous and convoluted assertions" rather than the facts already proven.[67] The Court of Appeals dismissed[68] Madridejos' petition and ruled that the National Labor Relations Commission had judiciously denied Madridejos' claim for disability benefits.[69] The Court of Appeals found that sometime in Madridejos' first or second month of employment, he suffered from a severe stomach ache while on board the vessel.[70] All the doctors involved agreed that his severe stomach ache was due to a "Sebaceous Cyst to the right Umbilicus," which was already removed on April 29, 2010.[71] Hence, his repatriation in July 2010 was not due to his medical condition but due to the expiration of his contract as a probationary employee.[72] Similarly, the Court of Appeals also confirmed National Labor Relations Commission's finding that Madridejos' cyst was not work-related.[73] On November 6, 2012, the Court of Appeals' Resolution[74] denied Madridejos' Motion for Reconsideration.[75] Hence, this Petition for Review on Certiorari[76] was filed before this Court. Madridejos seeks compensation for his sebaceous cyst as an occupational disease.[77] He states that he has already presented substantial evidence to prove his claim that there was a "reasonable connection between his work and the cause of his illness."[78] He holds that several medical records and reports have shown that his cyst was aggravated by the conditions of his work as a seaman.[79] He asserts that his cyst has "impaired his [a]bdomen and upper extremities [causing his] internal organs [to] malfunction."[80] He insists that he "suffer[ed] [from] a physical injury in his [u]pper [e]xtremities . . . [due to] an accident while doing grinding works ... on board the vessel."[81] Collectively, all these show that his condition was totally work-related, making it compensable.[82] Moreover, his pre-employment medical record was stamped with "Fit to work."[83] This proves that he only incurred the cyst during his employment and it worsened on board the vessel.[84] He claims that his cyst should be regarded as Permanent Disability Grade 1 because his condition has hindered him to return to work as a seafarer as he is now regularly required to undergo physiotherapy.[85] elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63066 7/25

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