G. R. No. 179177
http://sc.judiciary.gov.ph/jurisprudence/2009/july2009/179177.htm
A couple of months thereafter, petitioner Nisda obtained a medical certificate from a
certain Dr. Levi Rejuso, an internist who specialized in neurology, declaring that
Upon review of [petitioner Nisdas] history and as per recommendation by his cardiologist
(sic) he is refrained (sic) from doing stressful activities. In this regard (sic) he can no longer
[27]
perform his duties as a Ship Master and is categorized with grade I disability.
The lack of response from respondent ADAMS and Nobel regarding petitioner
Nisdas request for payment of disability benefits was deafening. Hence, petitioner Nisda
was forced to engage the services of counsel. In a letter
[28]
dated 4 November 2002, a
formal demand was made against the foreign employer, respondent ADAMS, and its local
manning agent, Nobel, for the payment of the following:
1. the amount of US$60,000.00 as his disability benefit under the POEA Contract;
2. the amount of US$6,600.00 as illness as allowance for 120 days, and;
3. reimbursement of medical, hospital, surgery and medicine expenses in the amount of
P675,000.00.
Despite the formal demand, respondent ADAMS and Nobel still failed to pay
[29]
against
petitioner Nisdas claims. Consequently, petitioner Nisda instituted a Complaint
respondent ADAMS, Nobel, and Guerrero, with the NLRC on 16 January 2003, alleging
[30]
that while under contract on board and on vacation pay [he] was medically ill,
with
severe coronary heart disease, etc.
[31]
Petitioner Nisda anchored his claim for disability benefit on Section (Sec.) 20(B),
paragraph 6 of his POEA-SEC, which, as earlier mentioned, incorporated the 2000
Amended Standard Terms and Conditions Governing the Employment of Filipino Seafarers
on Board Ocean-Going Vessels, and thus provides:
SECTION 20. COMPENSATION AND BENEFITS
xxxx
B. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS
The liabilities of the employer when the seafarer suffers work-related injury or
illness during the term of his contract are as follows:
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