5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly his secrum electrolytes especially sodium and potassium. Undergoing regular hemodialysis obviously impairs his quality of life. In general, patients with end stage renal disease have significant reduction in their life expectancy. He is not expected to land a gainful employment given his medical background.[19] In its Decision[20] dated May 27, 2011, the CA reversed the findings of the labor tribunals. The CA held that Margarito was exempt from complying with the 3-day mandatory reporting requirement because when he arrived in the Philippines, his physical condition was already deteriorating and was in need of urgent medical attention. Thus, it could not be expected of him to prioritize the reporting requirement before attending to his medical needs. Also, his wife actually notified the petitioners of his medical condition, through Allan Lopez. The CA further ruled that Margarito’s cause of death is actually listed as an occupational disease under the POEA-SEC. While his renal disease is not similarly listed, it is nonetheless disputably presumed work-related pursuant to Section 32-A (11) of the POEA-SEC. His employment contributed to the development and exacerbation of his illness considering that he was on board the vessel for 14 months during which he was exposed to stress, different climates and erratic time zones. The CA declared Margarito’s illness as a total disability since he had to undergo dialysis three (3) times a week and was in need of regular medical aid that prevented him from seeking gainful employment. Following Section 32 of the POEA-SEC which assigns a Grade 1 disability to “(s)evere residuals of impairment of intra-abdominal organs which requires regular aid and attendance that will unable worker to seek any gainful employment’, Margarito’s disability due to ‘End Stage Renal Disease 2 Diabetic Nephropathy’ was also given a Grade 1 rating. Accordingly, the respondents’ claims for sickness allowance and permanent disability benefits were granted as follows: WHEREFORE, the petition is partly granted and the Resolutions dated October 23, 2008 and January 23, 2009 of (the) NLRC are nullified and set aside. (Petitioners) are ordered to pay the heirs of (respondent) Margarito Delalamon sickness allowance of US$5,200.00 and disability compensation of US$60,000.00 SO ORDERED.”[21] The petitioners moved for reconsideration[22] but the motion was denied in the CA Resolution[23] dated August 4, 2011. Hence, the present appeal. Arguments of the Parties elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57272 4/16

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