4/14/2021
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Esophagitis - Resolved; Gastritis - Resolved; Fatty Liver; Chronic Hepatitis C Infection."
[19]
In a letter dated February 25, 2014, the company-designated physician opined that
Rosales' fatty, liver is secondary to hyperlipidemia (elevated cholesterol and
triglyceride), thus, not work-related.[20] It was also explained that Hepatitis C infection
is acquired by exposure to infected blood through needle or instruments, blood
transfusion, vertical transmission from mother to unborn child, sexual intercourse - all
of which are not work-related."[21] The company-designated physician recommended
that if patient is entitled for disability, his suggested disability grading is Grade "12 slight residual or disorder."[22]
On February 26, 2016, Rosales consulted an independent physician, Dr. Emmanuel U.
Trinidad, who gave similar findings of fatty liver and Chronic Hepatitis C infection but
declared his illness as work-related.[23] Thereafter, Rosales filed a Complaint[24]
against respondents for payment of disability benefits, unpaid sickness allowance,
reimbursement of medical and transportation expenses and damages.[25]
Ruling of the Labor Arbiter
Labor Arbiter (LA) Marie Josephine C. Suarez rendered a Decision,[26] the dispositive
portion of which reads:
WHEREFORE, premises considered, judgment is rendered dismissing the
Complaint for permanent total disability benefits. But SINGA SHIP
MANAGEMENT PHILS, INC., SINGA SHIP MANAGEMENT PTE, LTD and
NORMAL. DAVID are jointly and solidari[l]y ordered to pay JORGE PORIO
ROSALES:
[1] US DOLLARS: TWO THOUSAND THREE HUNDRED FIFTY TWO [US
$2,352] or PESO equivalent at the time of payment, representing sickness
allowance;
[2] US DOLLARS: FIVE THOUSAND [US$5,000] or PESO equivalent at the
time of payment representing financial assistance;
[3] US DOLLARS: SEVEN HUNDRED THIRTY FIVE and 20/100 [US$ 735.20]
or PESO equivalent at the time of payment, representing attorney's fees.
All other claims are dismissed for lack of merit.
The counter-claim is dismissed for lack of sufficient basis.[27]
The LA agreed with the claim of respondents that Rosales' illness is not work-related,
thus not entitled to permanent total benefits. It was found that Rosales' work as a
steward did not expose him to the risks of contracting Hepatitis C.[28] In sustaining the
opinion of the company-designated physician that Rosales' illness is not work-related,
the LA noted that Rosales' appointed physician merely stated that his illness is workrelated or work-aggravated without explaining why it was so and without indicating
whether such illness manifested while he was employed.[29] Nonetheless, the LA
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66265
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