8/26/2020 E-Library - Information At Your Fingertips: Printer Friendly Dizziness may set anytime and may result to fall, which may cause further irreparable injury. Because of the impediment, he is permanently unfit to return to work as a seaman in any capacity and considered for total permanent disability.[23] (Emphasis in the original) Toquero then asked Crossworld for his sickness allowance, but this was rejected.[24] On June 18, 2012, Toquero was declared by the company-designated physician as fit to go back to work. However, he only learned about this much later, after he had filed on June 25, 2012 a Complaint against Crossworld for sickness allowance, money claims, moral and exemplary damages, and attorney's fees.[25] After having learned during the conciliation conference that the company-designated physician had declared him fit for sea duty, he accordingly amended his Complaint to include a claim for total permanent disability benefits.[26] As an officer with a rating of an above Abie-Bodied Seaman, Toquero prayed for US$250,000.00 as total disability benefits under the Collective Bargaining Agreement covered by the Vereinte Dienstleistungsgewerkschaft (Ver Di Agreement).[27] Section 19 stated: A seafarer who suffers injury as a result of an incident from any cause whatsoever whiles in the employment of the Managers/Owners, including accidents occur[r]ing whilest travelling to or from the ship or as a result of marine or other similar peril, and whose ability to work is reduced as a result thereof, shall receive from the Managers/Owners, in addition to his/her sick pay compensation as stated below: Compensation: a) Masters and Officers and ratings above AB - US$250,000 b) All ratings AB and below- US$125,000 Loss of Profession caused by disability (accident) shall be secured by 100% of the compensation.[28] On January 31, 2013, the Labor Arbiter rendered a Decision[29] dismissing the Complaint for lack of merit. However, since Toquero was injured while working on board, it ruled that Toquero was entitled to the award of US$5,000.00 in the interest of justice and equity and for humanitarian considerations.[30] The dispositive portion of the Decision read: WHEREFORE, premises considered, the complaint is hereby dismissed for lack of merit. Respondents are held solidarity liable to pay complainant his monetary award as specified above. SO ORDERED.[31] https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65333 4/22