5/28/2020
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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
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