The Labor Arbiter saw no need to conduct formal hearings. He found that
Bastol was healthy when deployed in December 1995 but subsequently contracted
or suffered heart ailment during his period of employment with OSCI and PSL. He
also found that Bastol did not show any appreciable improvement despite treatment
by the company-designated physician, thus ruling that the fact that Dr. Lim had not
issued a certification as to Bastol’s condition did not negate his claim for disability
indemnity, as the determination of the degree thereof by Dr. Vicaldo of the
Philippine Heart Center sufficed.
OSCI immediately assailed the above Labor Arbiter decision before the
NLRC.21[21] Subsequently, on July 30, 1999, the NLRC issued a Resolution22[22]
in NLRC NCR CA No. 019238-99, vacating and setting aside the January 28, 1999
Decision of the Labor Arbiter and remanding the case back to the Labor Arbiter for
further proceedings, the dispositive portion ordering, thus:
WHEREFORE, for the reasons [above discussed], the decision appealed
from is hereby vacated and set aside and the records of this case Remanded to the
Labor Arbiter of origin for conduct of further approximate proceedings and to
terminate the same with dispatch.
SO ORDERED.23[23]
21[21] Id. at 79-88, Notice of Appeal with Memorandum of Appeal, dated March 9, 1999.
22[22] Id. at 90-96, per Presiding Commissioner Rogelio I. Rayala, concurred in by
Commissioners Vicente S.E. Veloso and Alberto R. Quimpo.
23[23] Id. at 95.