6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly that he should find a lawyer instead. De Andres could not believe what he heard from Purification because the company could not simply declare that he had no claim against them. On February 23, 2010, De Andres filed the subject complaint against the respondents before the LA for permanent and total disability benefits, sickness allowances, salary differentials, labor insurance as provided in the contract, moral damages, exemplary damages, and attorney's fees. In his Position Paper,[9] he attached the Medical Assessment,[10] dated March 5, 2010, of Dr. Renato P. Runas (Dr. Runas), his physician of choice, which stated: The patient is unable to stand with the left foot in plantigrade position. In this case, he will not be able to assume good balance and cannot ambulate properly because of the inability of the ankle to dorsiflex. The presence of calcifications around the ankle joint will hinder its normal movement that will be hard to correct or improve even with extended physical therapy. Since the patient is working on a fishing vessel, the above condition is no longer suitable on his working environment. He can no longer withstand the strenuous activities onboard which require that both feet can assume a plantigrade position in order to maintain his balance and support his body particularly during ship rolling when the vessel will enter rough seas. In this regard, [I] recommend that he shall not be allowed to work on board permanently since he is already physically unfit for sea duties. In addition, he may already qualify for permanent total disability.[11] [Boldface omitted] For their part, the respondents countered that the injury sustained by De Andres was due to his negligence; that he was paid his salaries in full during his period of medication; that he voluntarily signed a valid MOA which stated that he would no longer file any case against them in exchange for the amount of NT$40,000.00; that the MOA was notarized by the Manila Economic Cultural Office (MECO) in Taiwan; and that before he was repatriated to the Philippines, he was declared fit to work by Dr. Chien Hua Huang (Dr. Huang) as indicated in the Certificate of Diagnosis,[12] dated January 21, 2010. They also asserted that De Andres forfeited his claim for disability benefits when he failed to subject himself to the respondents for the mandatory medical examination within three working days upon his arrival in the Philippines. The LA Ruling In its Decision, dated May 20, 2011, the LA ruled in favor of De Andres. It explained that even though his contract expired, the respondents still had the obligation to provide medical attention because he suffered permanent and total disability. The LA was of the view that De Andres was forced to sign the MOA so he could be repatriated. Hence, there was no valid quitclaim. The LA likewise awarded De Andres insurance compensation based on the terms of the employment contract; sickness allowance because the respondents did not pay the same; salary differential due to the smaller amount of salary received in Taiwan; and 10% attorney's fees. The LA disposed the case in this wise: elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63281 3/15