By Decision6[6] of April 28, 2006, the Labor Arbiter ruled in favor of
respondent, holding that, inter alia, petitioner could not disclaim knowledge of
respondent’s kidney ailment when it hired him to board the Tama Star in light of
his medical history as in fact it was on account of such ailment that he was
repatriated during his contract aboard M/V Spring Dragon; and that respondent in
fact sought medical assistance from petitioner upon his return after his contract
ended.
The Arbiter gave no weight to the “Final Wages Account”7[7] and
“Discharge, Receipt and Release of Claim”8[8] submitted by petitioner, noting that
these documents are usually signed by seafarers, otherwise they would not be paid
their claims. Thus the Arbiter disposed:
WHEREFORE, premises considered, judgment is hereby rendered
ordering respondents Career Phils. Shipmanagement, Inc., and Columbia
Shipmanagement Inc., jointly and severally, to pay the permanent total disability
benefits of complainant in the amount of US$60,000.00 and his sickness
allowance of US$2,376.00 in Philippine Peso at the rate of exchange prevailing at
the time of payment, plus ten percent (10%) of the said amounts as attorney’s
fees.
SO ORDERED.
On petitioner’s appeal, the National Labor Relations Commission (NLRC)
6
[6]
Id. at 126-135. Penned by Labor Arbiter Madjayran H. Ajan.
7
[7]
Id. at 69.
8
[8]
Id. at 72.