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The National Labor Relations Commission, ruled in favor of NYK-FIL in its March 30,
2012 Decision.[51]
The National Labor Relations Commission found Madridejos' story as "unnatural."[52]
His allegation that he was advised to be repatriated for further treatment in the
Philippines was not sufficiently proven.[53] Based on Madridejos' discharge letter from
Hampshire, England, his operation merely required three (3) stitches. Hence, he could
not have been advised to pursue further treatment in the Philippines since his operation
was only a minor one.[54]
Additionally, there was nothing in Madridejos' Position Paper[55] or Reply[56] that he
complained of any pain, complication, or discomfort after his operation, indicating that
"everything went well."[57] Similarly, he never showed any ship record regarding his
alleged accident.[58] Therefore, the National Labor Relations Commission concluded
that Madridejos' claim was only an afterthought and reasoned that:
Well then, knowing fully [sic] well that he was repatriated on July 6, 2010
because his service contract had already been terminated, why then as he
alleged would he go to his local agency for a medical referral to their
company doctor? He said that he was denied. But of course; in the first
place he was not their employee anymore, but more importantly he
was not even sick as he had been working quite well the past
several months. But now he is back, and sad part of it is that he was
out of work. So he opted for the cyst story. It is not really difficult to
see, however that Madridejos' claim of being sick is an afterthought.[59]
(Emphasis supplied)
The National Labor Relations Commission ruled further that Madridejos' cyst was not
work-related since it was "simply a slow-growing pea-size[d] sac growth under the
skin" that grew as a consequence of infection and caused "clogging of sebaceous
glands."[60] "It can develop in any part of the body, and at times it just simply
disappears."[61] The dispositive portion of the National Labor Relations Commission's
decision provided:
WHEREFORE, premises considered, complainant Madridejos' appeal is
hereby DISMISSED for lack of merit, while that of respondents' is granted,
the assailed decision is reversed and set aside, and the complaint herein for
disability benefits is likewise DISMISSED for lack of merit.
SO ORDERED.[62] (Emphasis in the original)
On April 30, 2012, the National Labor Relations Commission's Resolution[63] denied
Madridejos' Motion for Reconsideration.[64]
On July 9, 2012, Madridejos filed a Petition for Certiorari[65] before the Court of
Appeals claiming that the National Labor Relations Commission committed grave abuse
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63066
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