On September 17, 2003, he consulted Dr. Efren R. Vicaldo, an internistcardiologist of Philippine Heart Center. On March 3, 2004, after a thorough medical examination and evaluation, he was diagnosed with EPIDIDYMITIS, LEFT; UPPER RESPIRATORY TRACT INFACTION WITH INPEDIMENT GRADE XIV.   Respondents, on the other hand, countered that since petitioners ailment, hernia, is not work-related, he is not entitled to disability benefit and related claims. In fact, he was declared fit to resume work on July 23, 2002 by the company-designated physician. Respondents likewise argued that his ailment is not to be considered a permanent disability as this is easily correctable by simple surgery. More importantly, petitioner signed a Quitclaim and Release which was notarized.   On March 31, 2005, Labor Arbiter Donato G. Quinto, Jr. rendered its decision[5] dismissing the complaint for utter lack of merit. The Labor Arbiter explained that petitioner was fit to resume work as a seafarer as of July 23, 2002 as his hernia was already cured or non-existent. In fact, petitioner was ready to resume work. Unfortunately, he was not accommodated due to lack of vacancy. The fact that he was not re-hired by respondent did not mean that he was suffering from disability.   On May 5, 2005, complainant-appellant (petitioner) filed a memorandum of appeal with the NLRC Third Division.   On September 30, 2005, the NLRC Third Division issued a resolution[6] as follows:     WHEREFORE, the appeal is DISMISSED for lack of merit and the assailed decision dated March 31, 2005 is hereby AFFIRMED.   SO ORDERED.[7]   On December 20, 2005, the motion for reconsideration was dismissed for lack of merit. On January 27, 2006, the NLRC resolution became final and executory and was recorded in the Book of Entries of Judgments.