All other claims and charges are hereby DISMISSED for lack of merit.
SO ORDERED.[9]
The NLRC ruled that petitioners terms of employment are governed by the POEASEC. The NLRC held that there was nothing in the POEA-SEC that obliges the
employer to assess the physical disability or health status of the medically
repatriated seaman within 120 days from discharge for further medical
treatment. According to the NLRC, the 120 days is a limitation on the obligation of
the employer to pay sickness wages. The NLRC ruled that respondents already
paid petitioner his full sickness wages. Respondents only failed to pay the expenses
for medicine purchases prescribed during petitioners periodic check-up.
After ruling on the limited liability of respondents based on the POEA-SEC, the
NLRC did not find any reason to lengthily dwell on the issue of two medical
certificates issued by two different physicians. Nevertheless, the NLRC noted that
Dr. Rigonan is not a company-designated physician. The NLRC ruled that
petitioner failed to refute respondents allegation that the fit to work certificate
issued by Dr. dela Cruz-de Leon was with the knowledge, approval, and upon the
advice of Dr. Quiambao.The NLRC further ruled that as Medical Director of
Christian Medical Clinic, Inc., Dr. dela Cruz-de Leon had complete authority to
issue medical reports and certifications since she had access to all the hospital
records.
Petitioner filed a motion for reconsideration. In its Resolution[10] promulgated
on 22 May 2000, the NLRC denied the motion for lack of merit.
Petitioner filed a petition for certiorari before the Court of Appeals.
The Ruling of the Court of Appeals