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US$652.16.00 [sic] representing sickness wages, [P]463,240.31
representing reimbursement of duly proven medical expenses, and ten
percent (10%) thereof as and for attorney's fees.
SO ORDERED.[37]
Petitioners filed a Motion for Reconsideration,[38] insisting that respondent's illness is
not work-related; that the company-designated physician's assessment prevails; that
respondent's illness is not a Grade 1 disability; and that consequently, he is not entitled
to sickness allowance and attorney's fees. However, in a Resolution dated October
29,2010, the NLRC held its ground.[39]
Ruling of the Court of Appeals
In a Petition for Certiorari[40] filed with the CA and docketed therein as CA-G.R. SP No.
117748, petitioners sought to set aside the NLRC dispositions, reiterating their
arguments that respondent's disability was not work-related; that he disembarked from
the vessel due to a finished and completed employment contract, and not his illness;
and that the NLRC committed grave abuse of discretion in granting the awards.
Petitioners also sought injunctive relief.
On October 28, 2011, the CA issued the herein assailed Decision containing the
following pronouncement:
Petitioners assert that private respondent is [a] contractual employee, thus,
when the contract expired upon private respondent's return, the term
contract has terminated. As such, any claims he may have under such a
contract has also terminated.
We disagree.
Section 18 (B) (1) of the POEA SEC provides:
"xxx
xxx
xxx
B. The employment of the seafarer is also terminated when the
seafarer arrives at the point of hire for any of the following
reasons:
(1) when the seafarer signs-off and is disembarked for medical
reasons pursuant to Section 20 (b) (5) of this Contract.
xxx
xxx
xxx "
Section 20 (B) (5) of the same contract also states that upon the seafarer's
sign-off from the vessel for medical treatment, the employer shall bear the
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