The Ruling of Labor Arbiter Lustria in
Case No. NLRC NRC OFW Case No. 95-05-0501
On January 31, 2003, Labor Arbiter Lustria rendered a Decision32[32]
similar to that of Labor Arbiter Mayor, Jr. The dispositive portion reads:
WHEREFORE, in view of all the foregoing, let a judgment be, as it is
hereby rendered, ordering respondents Oriental Shipmanagement Co., Inc. and
Paterco Shipping, Ltd., to jointly and severally pay complainant Romy Bastol, the
sum of US$60,000.00 or its peso equivalent prevailing at the time of payment
plus the sum equivalent to ten (10%) percent of the award, or in the amount of
US$6,000.00 or its peso equivalent prevailing at the time of payment, as and by
way of attorney’s fee.
SO ORDERED.33[33]
Labor Arbiter Lustria found that Bastol indeed suffered from a heart ailment
for which he is pursuing disability indemnity which was duly proved by the
concurring diagnosis of Dr. Peralta, Dr. Lim, Dr. Varwig and Dr. Vicaldo. He
found that the settlement agreement with PPI was pursuant to the medical findings
and assessments of both company-designated physicians, Dr. Lim and Dr. Varwig.
Thus, the reiteration of the award of Labor Arbiter Mayor, Jr.
32[32] Id. at 139-148, per DOLE Region IV-A Regional Director Atty. Maximo B. Lim.
33[33] Id. at 148.