6/14/2021 E-Library - Information At Your Fingertips: Printer Friendly the services of a personal physician due to alleged numbness of half of his body. This conversation was reduced into writing in a letter dated February 15, 2013 which was sent to petitioner's new address. Thus, respondents averred that they were never given the chance to properly assess and evaluate petitioner's health condition by virtue of his unjust refusal to cooperate and to follow the procedures and instructions relayed to him.[20] Ruling of the Labor Arbiter On April 29, 2014, the Labor Arbiter dismissed the complaint against respondents and denied petitioner's claim for total and permanent disability benefits. The Labor Arbiter held that petitioner failed to discharge the burden of evidence that he acquired the illness complained of from his work as an able-bodied seaman during his three (3)month stint aboard MV Capetan Costas S, and that such illnesses manifested during the effectivity of his employment contract. Moreover, petitioner failed to submit himself to post-employment medical examination as mandated by the POEA-SEC. The Labor Arbiter was of the position that, although petitioner asserted that he reported to the manning agency upon his arrival, it is insufficient to establish his stance for lack of convincing evidence to support such allegation. In addition, petitioner did not have a cause of action for he was not armed with an assessment of total and permanent disability at the time he filed his complaint.[21] Petitioner, thereafter, filed an appeal before the NLRC docketed as NLRC LAC No. 06000498-14(M).[22] Ruling of the NLRC On August 29, 2014, the NLRC reversed and set aside the ruling of the Labor Arbiter. The dispositive portion reads: WHEREFORE, the Appeal for being meritorious is GRANTED. The judgment a quo is REVERSED and SET ASIDE and a NEW ONE entered as follows: 1. Respondents are in solidum ordered to pay complainant Harold B. Gumapac total permanent benefits equivalent to US$60,000.00 payable in peso equivalent, at the time of payment[;] 2. Sickness allowance in the amount of US$1,860.00; and 3. Ten (10%) percent of the money awards as attorney's fees. SO ORDERED.[23] Respondents moved for a reconsideration of the case but the same was denied in a Resolution[24] dated October 3, 2014. Consequently, respondents filed a Petition for Certiorari before the CA, docketed as CA-G.R. SP No. 138401. Ruling of the CA On July 17, 2017, the CA rendered a Decision[25] reversing the NLRC's Decision and thereby reinstating the Decision of the Labor Arbiter dated April 29, 2014, to wit: https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66786 5/13