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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
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