3/25/2021
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accreditation requirement, and even if there is, this would be absurd and
contrary to public policy as its effect will deny and deprive the ailing seaman
of his basic right to seek immediate medical attention from any competent
physician. The lack of POEA accreditation of a physician who actually treated
the ailing seaman does not render the findings of such physician (declaring
the seaman permanently disabled) less authoritative or credible. To our
mind, it is the competence of the attending physician, not the POEA
accreditation, that determines the true health status of the patient-seaman,
which in this instant case, is [sic] the attending physicians from the Manila
Doctors Hospital.
As to the award of the balance of wages, this Court is inclined not to disturb
the factual findings of the NLRC. The failure of the petitioners to present a
strong and credible evidence supporting the fact of alleged payment of the
balance of sickness justifies the award of such claim. The long standing
doctrine in labor cases that "in case of doubt, the doubt is resolved in favor
of labor" applies. For there are indications that the evidence presented by
petitioners appears to be of dubious origin as private respondent challenged
the petitioners to present the original copy of the quitclaim and the vouchers
in a motion demanding from petitioners to produce the original copy of
those documents purporting to show that he had received the alleged sum
of P39,803.30, which allegedly shows the payment of the balance of his
sickness wages. This motion was vehemently opposed by petitioners. To our
mind, such opposition only created more doubts and eroded the veracity and
credence of petitioners' documentary evidence.
As to the award of attorney's fees, the same is justified by the fact that
private respondent actually hired the services of a lawyer to vindicate his
right to claim for his disability benefit which is being arbitrarily denied to him
by petitioners. Had it not been for the arbitrary denial of petitioners, private
respondent could not have been compelled to hire the services of a lawyer
to pursue his claims in court, for which he is presumed to have incurred
costs.
With respect to private respondent's claim for damages, this Court finds that
the NLRC overlooked the attendance of negligence on the part of petitioners
in their failure to provide immediate medical attention to private respondent.
It further appears that negligence not only exists but was deliberately
perpetrated by petitioners by its arbitrary refusal to commit the ailing
private respondent to a hospital in New Zealand or at any nearest port
deprived of his right to immediate medical attention by petitioners, which
resulted to the serious deterioration of his health that caused his permanent
partial disability. Such deprivation of immediate medical attention appears
deliberate by the clear manifestation from petitioners' own words which
states that, "the proposition of the complainant that respondents should
have taken the complainant to the nearest port of New Zealand is easier
said than done. It is worthy to note that deviation from the route of the
vessel will definitely result to loss of a fortune in dollars not only to the
respondents but likewise to the owners of the cargoes being shipped by the
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