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of discretion amounting to lack or excess of jurisdiction by disregarding the pertinent
provisions of the Philippine Overseas Employment Agency Employment Contract.[66]
Moreover, he argued that the National Labor Relations Commission gave more weight to
NYK-FIL's "purely gratuitous and convoluted assertions" rather than the facts already
proven.[67]
The Court of Appeals dismissed[68] Madridejos' petition and ruled that the National
Labor Relations Commission had judiciously denied Madridejos' claim for disability
benefits.[69]
The Court of Appeals found that sometime in Madridejos' first or second month of
employment, he suffered from a severe stomach ache while on board the vessel.[70] All
the doctors involved agreed that his severe stomach ache was due to a "Sebaceous
Cyst to the right Umbilicus," which was already removed on April 29, 2010.[71]
Hence, his repatriation in July 2010 was not due to his medical condition but due to the
expiration of his contract as a probationary employee.[72] Similarly, the Court of
Appeals also confirmed National Labor Relations Commission's finding that Madridejos'
cyst was not work-related.[73]
On November 6, 2012, the Court of Appeals' Resolution[74] denied Madridejos' Motion
for Reconsideration.[75]
Hence, this Petition for Review on Certiorari[76] was filed before this Court.
Madridejos seeks compensation for his sebaceous cyst as an occupational disease.[77]
He states that he has already presented substantial evidence to prove his claim that
there was a "reasonable connection between his work and the cause of his illness."[78]
He holds that several medical records and reports have shown that his cyst was
aggravated by the conditions of his work as a seaman.[79]
He asserts that his cyst has "impaired his [a]bdomen and upper extremities [causing
his] internal organs [to] malfunction."[80] He insists that he "suffer[ed] [from] a
physical injury in his [u]pper [e]xtremities . . . [due to] an accident while doing
grinding works ... on board the vessel."[81] Collectively, all these show that his
condition was totally work-related, making it compensable.[82]
Moreover, his pre-employment medical record was stamped with "Fit to work."[83] This
proves that he only incurred the cyst during his employment and it worsened on board
the vessel.[84]
He claims that his cyst should be regarded as Permanent Disability Grade 1 because his
condition has hindered him to return to work as a seafarer as he is now regularly
required to undergo physiotherapy.[85]
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