5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly SO ORDERED.[18] Ruling of the National Labor Relations Commission Victor appealed to the NLRC averring the following: that the Receipt and Release primarily relied upon by the Labor Arbiter in arriving at his Decision contained a mere pro-forma addendum (particularly a certificate of fitness) which had no substantial basis; that said Receipt and Release cannot overrule the certifications of the doctors/health experts as to the status of his health; that the Receipt and Release cannot effectively bar his entitlement to benefits since at the time of its execution, he honestly believed that what he had was just the common cough and colds that he has had for several months; that he did not know that letting common colds persist for prolonged periods weakens the body’s defenses and increases the risk of acquiring infection, including tuberculosis; that the absence of any showing that he was claiming to be sick or claiming sickness benefits does not prevent his present claim; that his acquisition of the infection can be clearly traced to his employment with InterOrient; that the absence of signs and symptoms of tuberculosis while still under the employ of InterOrient, and even after his disembarkation, does not absolutely mean that he was free from such infection during the said period; and that the initial stages of tuberculosis are usually asymptomatic thus explaining the absence of signs and symptoms during the early stages of his infection while he was on board the vessel. The NLRC, however, did not find merit in Victor’s arguments. In a Decision[19] dated July 30, 2004, it affirmed in toto the Decision of the Labor Arbiter and dismissed Victor’s appeal. Victor moved for reconsideration[20] but the same was denied in an Order[21] dated April 20, 2005. Ruling of the Court of Appeals The CA, in resolving Victor’s Petition for Certiorari[22] in a Decision[23] dated November 29, 2007, granted the same and awarded him permanent disability benefits and attorney’s fees. Applying Section 32-A of the POEA Contract, the CA declared Victor’s illness, pulmonary tuberculosis, included in the list of occupational diseases. It found that Victor was overworked and over-fatigued as a result of the long hours of work required by his duties and that he was exposed to daily rapid variations in temperature. Aside from physical strain, he was also subjected to emotional stress brought about by the separation from his family. The CA concluded that with his daily exposure to these factors which could weaken his immune system, it was not impossible that he contracted tuberculosis during the course of his employment. The CA disregarded the argument attributing the cause of ailment to Victor’s lifestyle and activities after his repatriation, explaining that it was sufficient that the elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57627 4/19