The Rulings of the Labor Arbiter and the NLRC
In a Decision[6] dated 28 September 1998, Labor Arbiter Ernesto S. Dinopol ruled:
WHEREFORE,
finding
for
the
complainant[,]
we
order
respondent Easways Marine, Inc., and its President, Capt. Mario S. Braza to
jointly and severally pay complainant Mars C. Palisoc the following amount:
Disability Benefits - US$25,000.00
Payable in its peso equivalent
At date of payment.
Medical Reimbursement - P1,659.80
plus 10% of the total award and by way of attorneys fees.
Respondent Capt. Macario Terencio is absolved from any liability since there is
nothing in the pleadings that can make him liable for anything.
All the other claims are dismissed for lack of merit.
SO ORDERED.[7]
The Labor Arbiter ruled that Dr. Quiambao did not issue a fit to work certification
within 120 days from petitioners repatriation. The Labor Arbiter interpreted
Dr.Quiambaos action as an unexpressed opinion that petitioner was not yet fit to
resume his duties. The Labor Arbiter did not give credit to the fit to work
certificate issued by Dr. dela Cruz-de Leon because it was issued in her capacity as
Medical Director of Christian Medical Clinic, Inc. and it was not co-signed by
Dr. Quiambao.
On appeal by respondents, the NLRC modified the Labor Arbiters Decision. In
its 29 December 1999 Decision,[8] the NLRC ruled, as follows:
WHEREFORE,
premises
considered,
the
appealed
decision
is
hereby MODIFIED. Respondent Easways is hereby ordered to reimburse to the
complainant the amount of P1,659.80representing expenses incurred for the
purchase of medicines.