physician, Dr. Villena.[5] An open-heart surgery was then performed on Tuazon. He
shouldered all the costs and expenses.
Tuazon then filed a complaint asking for sickness and disability benefits with the POEA.
On January 19, 1995, the POEA rendered a decision, the dispositive portion of which
states:
"WHEREFORE, foregoing premises considered, respondent Seagull
Shipmanagement and Transport, Inc. and Dominion Insurance
Corporation are hereby ordered jointly and severally liable to pay
complainant, Benjamin Tuazon, the following:
1.....US$2,200 representing 120 days sickness benefits;
2.....100% for permanent disability in the amount of US$15,00[0].00
representing the disability benefits provided for under Appendix "A" of the
POEA Standard Contract.
SO ORDERED."[6] Esmsc
On appeal the NLRC affirmed the findings of the POEA and dismissed the appeal for
lack of merit. In its Resolution dated November 24, 1995 the NLRC held in part,
"It must be stated, at the outset that the appeal is not impressed with
merit. The preponderance of evidence indicates that complainant was
repatriated due to an illness sustained during the period of his
employment with the respondent. Moreover, it was sufficiently established
that respondent's physician already knew, as early as June 1989, of the
existence of complainant's pacemaker. This is, indeed, precisely the
reason why he was asked to submit a medical certificate to the effect that
he could do normal physical activities." (p. 3 of Administrator's Decision;
Rollo, p. 141)[7]
Dissatisfied, petitioners now claim before us that the NLRC erred:
I........ IN AFFIRMING THE FINDINGS OF POEA THAT IT WAS
SUFFICIENTLY ESTABLISHED THAT PETITIONER'S PHYSICIAN
KNEW OF THE EXISTENCE OF THE PACEMAKER INSERTED
IN PRIVATE RESPONDENT
II........ IN NOT FINDING THAT PRIVATE RESPONDENT
MISREPRESENTED AND/OR DID NOT MAKE A FULL
DISCLOSURE OF HIS STATE OF HEALTH AND/OR MEDICAL
HISTORY