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.

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