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B. The employment of the seafarer is also terminated when the seafarer arrives at the
point of hire for any of the following reasons:
1. when the seafarer signs-off and is disembarked for medical reasons
pursuant to Section 20(B)[5] of this Contract.
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Section 20(B)[5] of the Contract states that upon the seafarers sign-off from the
vessel for medical treatment, the employer shall bear the full cost of repatriation in the
event the seafarer is declared (1) fit for repatriation; or (2) fit to work but the employer is
unable to find employment for the seafarer on board his former vessel or another vessel
of the employer despite earnest efforts. Finding that Arbit signed-off and disembarked
for medical reasons, the Court of Appeals awarded Arbit the full cost for his repatriation
and the transportation cost of his reliever.
We sustain the factual finding of the Court of Appeals. While findings of fact by
administrative tribunals like the NLRC are generally accorded not only respect but, at
times, finality, this rule admits of exceptions,[26] as in the case at bar.
The Labor Arbiter and the NLRC misappreciated the facts. The records establish
that Arbit disembarked for medical reasons. He wrote three (3) letters to Mr. Linden
asking that he be relieved for medical reasons. His deteriorating health condition was
proven by his medical certificate from the Sha Surgical Hospital at Jamnager, Gujarat
State, India. He was diagnosed to be suffering from hypertension with LVF and
Asthmatic Bronchitis. Dr. Willy Que, the petitioners company-designated physician,
found him to be suffering from ischemic cardiomyopathy which eventually caused his
death. Several documents in the records prove that he sought medical attention from
various hospitals.
It would have been absurd for Arbit to land in a foreign port for treatment if he did
not feel the urgency of his condition. The finding that he disembarked on foreign land,
barely five (5) weeks before the termination of his contract, due to insufficient food
provisions is not supported by the evidence on record. Further, the allegation that he
was grossly negligent in fulfilling his duties on board came from the sworn statements of
his two co-crew members at the Mannta Ann. Their statements, uncorroborated by any
other evidence, are suspect for being biased in favor of petitioner.
Fourth. Petitioner avers that the NLRC did not err in denying full reimbursement of
Arbits medical expenses and sickwage allowance.
The NLRC found that neither petitioner nor the St. Thomas Diagnostic, Medical and
Dental Clinic, Inc. authorized Arbit to seek medical treatment from hospitals that are not
accredited by petitioner. Hence, it only granted reimbursement for medical expenses
that Arbit incurred at the Metropolitan Hospital, an accredited hospital. His expenses in
the non-accredited hospitals are to his personal account.