6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly As required by law and by the employment contract, [Delfin] underwent a Pre-Employment Medical Examination (PEME) and was declared Fit for Sea Service. [His] work includes observing routine watch, taking records of pressure of temperature of all working apparatus, obeying all orders and commands of the engineers, and maintaining cleanliness of machinery and engine room. [Delfin] left the Philippines on 16 August 2000 and immediately embarked the vessel "Lady Hilde" on 17 August 2000. While on board, he felt gradual chest pains and pain [in] his upper abdominal region. On 26 [June] 2001, while performing his regular duties, he was hit by a metal board on his back. He, thereafter, requested medical attention and was given medications and advised to be given light duties for the rest of the week. Upon the vessel's arrival at a convenient port on 16 August 2001, his contract expired and [he] was signed off from the vessel. He xxx reported to xxx [respondents] as required. He also sought medical assistance but was not [extended] such. On 13 November 2003, [Delfin] went to De Los Santos Medical Center for proper medical attention[.] [There,] he underwent X-Ray and MRI of the [Thoracic] Spine. Afterwards, he was not employed by xxx [respondents] because he was already incapacitated to engage in his customary work. He filed his claim for sickness allowance from the same manning agency but the same was not [granted]. His [condition] deteriorated[.] [Thereafter, he was] admitted at St. Luke's Medical Center, where he was diagnosed to be suffering from [malignant] peripheral nerve sheath tumor [MPNST]. He shouldered his medical expenses x x x. On 4 December 2003, he filed a complaint before the NLRC to, claim payment for sickness allowance and disability compensation. x x x [Respondents] filed [a] Motion to Dismiss on the ground of prescription, the claim having [been] filed beyond one year from the date of the termination of the contract. [Delfin] countered x x x that the applicable prescription period is 3 years, according to the POEA Standard Employment Contract. The parties, thereafter, submitted their position papers. [Delfin] claimed [for] medical reimbursement and sickness allowance, permanent disability compensation, and damages and attorney's fees. [Delfin], on one hand, asseverated in his complaint that he is entitled to sickness allowance because of the incident when he was hit by a metal board on his back, which required medical attention. Furthermore, [Delfin] averred that he is entitled [to] sickness allowance because his inability to work and perform his usual occupation after he acquired the sickness while on board, lasted for more than 120 days. This is also the basis of his claim for permanent disability compensation. [Delfin] also claimed that attorney's fees should be paid for the expenses he incurred due to the filing of the suit elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60112 2/16