The NLRC further noted that respondent sought medical assistance only a
month after his repatriation, and the certification issued by Dr. Poblete did not
include a disability assessment. Respondent’s motion for reconsideration was
denied by Resolution9[9] of April 25, 2008, hence, he appealed to the Court of
Appeals.
By Decision10[10] of September 30, 2009, the appellate court reversed the
decision of the NLRC and reinstated that of the Labor Arbiter, holding that
respondent’s depression which rendered him unfit to work was a direct result of the
demands of his shipboard employment and the harsh and inhumane treatment of
the vessel’s officers towards him.
Petitioners’ motion for reconsideration was denied by the appellate court by
Resolution11[11] dated December 17, 2009, hence, the present petition for review
on certiorari.
The petition is meritorious.
9
[9]
Id. at 477- 479. Ibid.
10 [10] Id. at 76-87; penned by Associate Justice Juan Q. Enriquez and concurred in by
Associate Justices Pampio A. Abarintos and Francisco P. Acosta.
11 [11] Rollo, pp. 89-90.