In remanding the case back to the Labor Arbiter, the NLRC ruled that Bastol should have presented himself before the Labor Arbiter for the latter to properly assess his condition, and that Dr. Lim and Dr. Vicaldo should be presented to determine with certainty the status of Bastol’s heart ailment.   This prompted both parties to file their respective motions for reconsideration which were rejected by the NLRC through its Resolution24[24] of October 29, 1999. With the remand, Labor Arbiter Mayor, Jr. proceeded to hear the case. However, upon OSCI’s motion for inhibition, Labor Arbiter Mayor, Jr. inhibited himself, and the case was re-raffled to Labor Arbiter Joel S. Lustria.         Subsequently, on May 10, 2001, the case was deemed submitted for decision. Thereafter, on July 25, 2001, OSCI filed before the Labor Arbiter a Motion to Dismiss for failure to prosecute for an unreasonable length of time and insufficiency of evidence. OSCI argued that through the July 30, 1999 Resolution, the NLRC found that Bastol failed to prove his causes of action, and despite 24[24] Id. at 98-100.