Feeling abandoned and aggrieved with OSCI and PSL, Bastol, through
counsel, sent a November 27, 1997 letter on December 2, 1997 to Capt. Rosendo
C. Herrera, the President of OSCI, for a possible settlement of his claim for
disability benefits.13[13] He attached the Medical Certificate issued by Dr.
Vicaldo. His letter did not merit a response from OSCI.
Thus, Bastol was compelled to file a Complaint14[14] before the Labor
Arbiter on May 8, 1988 for: (a) medical disability benefit (Grade 1) of USD
60,000; (b) illness allowance until he is deemed fit to work again; (c) medical
benefits for the treatment of his ailment; (d) moral damages of PhP 100,000; and
(e) attorney’s fee of 10% of the total monetary award.
OSCI countered that Bastol is not entitled to his indemnity claims, among
others, for disability benefits on account of non-compliance with the requirements
of the 1994 revised Standard Employment Contract (SEC) by failing to properly
submit himself for treatment and examination by the company-designated
physician who is the only one authorized to set the degree of disability, i.e.,
disability grade. Submitting documentary evidence, OSCI maintained that Bastol
submitted to the examination and treatment by the company-designated physician
13[13] Id. at 50, dated November 27, 1997.
14[14] Id. at 35-36, dated May 8, 1998.