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In their joint Reply,[24] Career, Columbian, and Carmelino also argued that it was not
possible for Godinez to have been maltreated by Dayo during the period from
December 17 to 25, 2003, since the latter was repatriated on November 29, 2003 due
to chronic gastritis, hyperlipidemia and hypercholesteremia; and that Dellosa's findings
actually indicated that Godinez was fit to work, although he was required to continue
medication in order to avoid relapse.
On May 16, 2007, Labor Arbiter Thelma M. Concepcion issued her Decision[25]
declaring that her office had jurisdiction over the case; that Godinez's bipolar disorder
was work-connected and thus compensable, pursuant to Section 20(B)(4) of the POEA
Standard Employment Contract; and that based on substantial evidence, the nature of
Godinez's work and/or his working conditions on board "M/V Norviken," as well as
Dayo's harsh treatment, which caused trauma and anxiety, increased the risk of
contracting his illness.
The Labor Arbiter stated further that the defense that Dayo could not have maltreated
Godinez in December, 2003, since he was already medically repatriated as early as
November 29, 2003, could not hold because: a) there was no documentary or other
evidence to prove that Dayo was indeed repatriated on said date; b) on the contrary,
the documentary evidence submitted, a November 21, 2003 Medical Examination
Report[26] on Dayo's condition, did not contain an advice of repatriation, but instead a
recommendation "to consult doctor for more detailed exams and further treatment at
the patient's home country 3 months later;" c) an Initial Medical Report[27] dated
February 3, 2004 issued by Sachly's Salvador showed that Dayo was examined only on
February 3, 2004, indicating that he could not have been repatriated on November 29,
2003 but later, at a date closer to February 3, 2004, as it would be illogical for him to
have belatedly consulted a doctor given the seriousness of the declared illnesses,
chronic gastritis, hyperlipidemia and hypercholesteremia, which caused his repatriation;
and d) the said February 3, 2004 Initial Medical Report is a forgery, considering that
Salvador's signature affixed thereon is "strikingly dissimilar" to her signature contained
in the other medical reports she issued in Godinez's case. The Labor Arbiter concluded
that Career, Columbian, and Carmelino were guilty of misrepresentation for submitting
a forged document.
The Labor Arbiter held further that the "psychological trauma and anxiety attacks as a
result of the maltreatment which complainant suffered under 2nd Officer Dayo has
already rendered Godinez permanently and totally disabled;"[28] that the "result of the
x x x trauma and anxiety attacks caused by 2nd Officer Dayo's harassment and
maltreatment of Godinez caused his permanent and total disability considering that the
result of the first episode has left Godinez a high risk to subsequent episodes of a mood
disorder;"[29] that Godinez's status and his genetic history were not factors to be
considered as he was still single and there was no history of bipolar disorder in his
family; that the claim that Godinez was already fit for work, as opined by Sachly's
doctors and certified in the March 12, 2004 Medical Progress Report could not be
considered as there was nothing in said report to suggest that Godinez was fit for work;
that the Certificate of Fitness for Work executed by Godinez was an improper waiver,
"irregular and scandalous"[30] especially when it was witnessed by Salvador, and did
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