4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly Transocean, et al. must honor their obligation The award granted by the NLRC and the CA for payment or reimbursement of the medical expenses of Inocencio relative to the required treatment for his cancer is proper. In fact, Transocean, et al. acknowledged offering to shoulder these expenses, alleging, however, that Inocencio did not continue with the treatment. They judicially admitted this in their Respondents' Position Paper filed at the outset before the Labor Arbiter, as follows: Upon request of the Respondents [Transocean. et al.]. the Complainant visited undersigned counsel's office on 9 June 2006. During said meeting. the undersigned counsel explained to Complainant that his illness known as Tonsil Cancer is not work-related but, nonetheless, the Respondents agreed to shoulder the costs of treatment estimated at PhP500,000. The undersigned counsel then instructed Complainant to visit Dr. Cruz and arrange for the schedule of his treatment To the Respondents' dismay. the said treatment never materialized as the Complainant failed to go back to Dr. Cruz clinic on the dates he was scheduled to be treated. It turned out that Complainant already decided to engage services of counsel to claim disability benefits from the Respondents. Despite requests from undersigned counsel coursed through Complainant's counsel for him to go back to the company doctor. the Complainant failed to do so.[24](Emphasis supplied.) Having obliged themselves to shoulder the medical treatment of Inocencio, Transocean, et a!. must be held answerable to said obligation, a finding of fact not only determined by the NLRC and the CA, but is also a judicial admission of Transocean, et al. As aptly put by the CA, Inocencio started with the medical procedure which could not be completed, for Transocean and General Marine unilate.rally withheld payment for the procedure. Notably, Inocencio's last consultation with Dr. Cruz was on June 15, 2006. At such time, Transocean, et al. had not remitted money for his treatment. As the NLRC's Decision dated May 29, 2008 and Resolution dated July 22, 2008 are vague as to the nature of Transocean, et al.'s liability, the Court rules that they are jointly and solidarity liable to Inocencio for the payment of his sickness allowance and medical expenses. In view of the unjustified refusal of Transocean, et al. to reimburse the medical expenses to Inocencio after they agreed to such obligation, interests of 6% per annum shall be imposed on said medical expenses and sickness allowance of USD 4,616 from June 15, 2006 up to the finality of this Decision and 12o/o per annum from finality of this Decision until paid.[25] WHEREFORE, the petition in G.R. Nos. 194490-91 is DENIED for lack of merit, while the petition in G.R. Nos. 194518 & 194524 is PARTLY GRANTED. The CA's July 28, 2010 Decision and November 11, 2010 Resolution in CA-G.R. SP Nos. 105601 and 105615 are hereby REVERSED and SET ASIDE, and the May 29, 2008 Decision and July 22, 2008 Resolution of the National Labor Relations Commission in NLRC LAC No. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55782 8/10