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hospital on/from October 9, 2003 to ____________ with the following
findings and/or diagnosis/diagnoses:
Hypertensive Cardiovascular Disease
Diabetes Mellitus
S/P Cerebrovascular accident, left hemiparesis, secondary
Impediment Grade VI (50%)[16]
The document with the heading “Justification of Impediment Grade VI (50%) for
Seaman Pedro L. Libang, Jr.” that was attached to Dr. Vicaldo’s medical certificate
provided the following details:
xxxx
When examined, [Libang’s] blood pressure was elevated at 140/90
mmHg. He had left-sided motor deficit on the upper and lower
extremities.
He is now unfit to resume work as seaman in any capacity.
His illness is considered work aggravated.
He requires lifetime maintenance medication both for hypertension and
diabetes. This will prevent recurrence of stroke and the occurrence of
other cardiovascular complications such as coronary artery disease and
congestive heart failure.
He is not expected to land a gainful employment given his medical
background.
He needs regular monitoring of his fasting blood sugar and renal
function to preempt possible renal complication.[17]
Per an affidavit executed by Dr. Lim on July 16, 2004, Libang still regularly received
medical treatment and supervision from Dr. Lim’s clinic until January 5, 2004.[18] On
January 16, 2004, Libang filed with the National Labor Relations Commission (NLRC) –
National Capital Region Arbitration Branch a Complaint[19] for disability benefit,
damages and attorney’s fees against ISMI and Santos.
The respondents in the labor complaint disputed any liability by arguing that the
disability benefit being claimed pertained to a pre-existing illness that was concealed by
Libang during a pre-employment medical examination for his deployment in 2002.[20]
The Ruling of the Labor Arbiter
On September 24, 2004, Labor Arbiter (LA) Cresencio G. Ramos, Jr. rendered his
Decision[21] granting Libang’s claim for disability benefit. The LA justified the award by
explaining that:
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57645
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