5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly WHEREFORE, foregoing premises considered, judgment is hereby rendered finding [Jarin] entitled to his money claims. [Petitioners] Teekay Shipping Phil., Inc. and Alex Verchez [are] hereby ordered to pay [Jarin] the total amount of FIFTY-TWO THOUSAND EIGHT HUNDRED EIGHTY-NINE US DOLLARS and 60/100 (US$52,889.60) representing his disability benefit and 120-day sickness benefits. All other claims are dismissed for lack of merit. SO ORDERED.[29] Both parties appealed from the foregoing ruling. Jarin argued that his permanent total disability benefits should be US$60,000.00 or 120% of US$50,000.00, pursuant to the Schedule of Disability Allowances of the POEA-SEC.[30] He reiterated his claims for damages and attorney’s fees on the ground that the petitioners stopped his medical treatments despite knowledge that he is still ill.[31] Jarin denied that he was a heavy smoker during his high school years and maintained that the cause of rheumatoid arthritis is still unknown in medical science. He averred that his chronic obstructive pulmonary disease was caused by his rheumatoid arthritis because the latter affects other parts of the body like the heart and lungs.[32] The petitioners, on the other hand, challenged the LA’s reliance on the clearance issued to Jarin as it did not state that his illnesses are work-related or that he was suffering from a compensable disability.[33] Decision of the NLRC In a Decision[34] dated October 23, 2009, the NLRC Seventh Division ruled in favor of the petitioners. The NLRC considered Jarin’s rheumatoid arthritis as the cause of his disability while his chronic obstructive pulmonary disease was disregarded for it has nothing to do with his muscular discomforts. The NLRC stated that while rheumatoid arthritis is disputably presumed work-related pursuant to Section 20(B)(4) of the POEA-SEC, the petitioners, however, were able to successfully overturn such presumption through the consistent medical reports of its designated physicians that such illness is not work-related. Their medical opinions bear greater evidentiary weight that the internet information presented by Jarin to prove that his illness has reasonable connection to his work. The NLRC also noted Jarin’s failure to seek medical opinion from a physician of his choice to counter the companydesignated physicians’ assessment. Jarin moved for reconsideration[35] but his motion was denied in the NLRC Resolution[36] dated June 7, 2010. Feeling aggrieved, Jarin elevated the matter to the elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57140 4/11

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