By Decision7[7] of August 29, 2006, Labor Arbiter Ramon Valentin C.
Reyes found for respondent and directed petitioners to pay him permanent total
disability benefits amounting to US$60,000; sickness allowance of US$2,140; and
moral and exemplary damages of P50,000 each and 10% of the total award by way
of attorney’s fees.
In finding for respondent, the arbiter held that since respondent’s premedical employment records showed that he was fit for sea duty, he could only
have acquired the illnesses complained of during his duty at the vessel. The
Arbiter added that while “major depression” is not listed as an occupational disease
respondent had proven that it was work-related and the risk of contracting it was
increased by the working conditions aboard the vessel.
On appeal, the NLRC set aside the Labor Arbiter’s Decision by Decision8[8]
of January 31, 2008 and dismissed respondent’s complaint, noting that respondent
indeed made a request to be relieved;
that respondent failed to undergo the
mandatory post-employment medical examination; that respondent failed to show
that his repatriation was due to a work-related illness; and that depression is not an
occupational disease, hence, not compensable.
7
[7]
8
[8]
Id. at 92-123.
Id. at 443-449; penned by Presiding Commissioner Raul T. Aquino and concurred in by
Commissioners Victoriano R. Calaycay and (now Associate Justice of the Court of Appeals)
Angelita A. Gacutan.