6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly WHEREFORE, premises considered, judgment is hereby rendered ordering respondents Diamond H Marine Services & Shipping Agency Inc./Wu Chun Hua/Ruben J. Turingan to pay jointly and severally complainant Wilmer O. De Andres, the following: 1. SIXTY THOUSAND US DOLLARS (US$60,000.00) representing his total permanent disability benefits; 2. SIX THOUSAND US DOLLARS (US$6,000.00) - attorney's fees; 3. THREE HUNDRED THOUSAND NEW TAIWAN DOLLARS (NT$300,000.00) - compensation benefits (Clause 10 of his contract); 4. SIXTY NINE THOUSAND ONE HUNDRED TWENTY NEW TAIWAN DOLLARS (NT$69,120.00) - sickness allowance; 5. EIGHTY THOUSAND THREE HUNDRED TWENTY NEW TAIWAN DOLLARS (NT$80,320.00) - salary differential; and 6. FORTY FOUR THOUSAND NINE HUNDRED FORTY FOUR NEW TAIWAN DOLLARS (NT$44,944.00) - attorney's fees. or the equivalent in Philippine Peso at the prevailing rate of exchange at the time of actual payment. All other claims are DISMISSED for lack of merit. SO ORDERED.[13] Aggrieved, the respondents elevated an appeal to the NLRC. The NLRC Ruling In its January 18, 2012 Decision, the NLRC reversed and set aside the LA ruling. It stated that De Andres failed to comply with the mandatory reportorial requirement. The NLRC observed that although he went to Diamond H on the next working day of his repatriation, he did not submit himself to the medical examination of the companydesignated physician. Thus, the NLRC concluded that he was barred from demanding disability benefits. The other awards granted by the LA were also deleted by the NLRC due to insufficient basis. The fallo reads: IN VIEW WHEREOF, the respondents' appeal is GRANTED and the appealed Decision is hereby REVERSED and SET ASIDE. The Complaint is DISMISSED for lack of cause of action. SO ORDERED.[14] The CA Ruling In its assailed July 31, 2014 Decision, the CA affirmed the NLRC ruling. It wrote that De Andres indeed failed to comply with the mandatory reportorial requirement. The CA stressed that the failure of the seafarer to report to the company-designated physician within three (3) working days upon return shall forfeit his right to claim any benefit. It also opined that the MOA, wherein De Andres waived all claims against the elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63281 4/15