6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly determine who between them is at fault for the discontinuance and non-completion of the post-employment medical examination of Ernesto. Thus, there is no basis to grant Ernesto's prayer for sickness allowance and reimbursement of medical and transportation expenses. In any case, it is clear that Ernesto did not undergo any kind of treatment by the company doctor subsequent to being discharged from the hospital. Neither was there any definite declaration or assessment by the company doctor that respondent is already fit to go back to work following his hospital discharge. Nonetheless, it is undisputed that Ernesto was no longer able to return to work after his hospital discharge on December 13, 2013. In fact, Ernesto died on September 28, 2017, pending resolution of this petition, and the immediate cause of his death was "Brainstem Failure Secondary to Cerebrovascular Disease, Acute Infarction"[39] which, undeniably, was related to the illnesses subject of the instant case. If Ernesto were still alive, this Court would have ordered petitioner to continue, at its expense, Ernesto's medical treatment until the final evaluation or assessment could be made, with regard to his medical condition. Unfortunately, this can no longer be done. In a number of cases, this Court, has granted financial assistance to separated employees for humanitarian considerations, as a measure of social and compassionate justice and as an equitable concession.[40] Taking into consideration the factual circumstances obtaining in the present case, and the fact that Ernesto, in his own little way, has devoted his efforts to further petitioner's endeavors, the Court finds that Ernesto, who is now substituted by his heirs, is entitled to this kind of assistance in the amount of P75,000.00. WHEREFORE, the instant petition is GRANTED. The Decision and Resolution of the Court of Appeals dated, June 9, 2016 and December 1, 2016, respectively, in CA-G.R. SP Nos. 142663 and 142689 are REVERSED and SET ASIDE. The Decision of the NLRC in NLRC LAC No. 10-000876-14 (NLRC NCR-OFW-M 03-03096-14), promulgated on June 25, 2015, is REINSTATED with MODIFICATION to the effect that the grant of sickness allowance and medical and transportation expenses are DELETED. In lieu thereof, petitioner is ORDERED to PAY respondent's heirs the amount of P75,000.00 as financial assistance. SO ORDERED. Carpio,* Acting C. J., (Chairperson), Perlas-Bernabe, Caguioa, and Reyes, Jr., JJ., concur. * Acting Chief Justice per Special Order No. 2539 dated February 28, 2018. [1] Penned by Associate Justice Manuel M. Barrios with Associate Justices Franchito N. Diamante and Maria Elisa Sempio Diy, concurring; Annex "C" to petition, rollo, pp. 7992. [2] Annex "D" to petition, id. at 93-95. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64139 11/14

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