x x x x[6]
The respondent was discharged from the hospital and repatriated to the Philippines
on February 1, 2005.
Upon repatriation, the respondent was placed under the medical care and
supervision of the company-designated physician, Dr. Susannah Ong-Salvador
(Dr. Ong-Salvador). In Dr. Ong-Salvador’s Initial Medical Report[7] dated
February 10, 2005, she found the respondent to be suffering from lymphoma, and
declared his illness to be non-work related.
On April 14, 2005, the respondent was brought to the Chinese General
Hospital, where he underwent a surgical procedure called excision biopsy.
[8]
Dr. Ong-Salvador’s Medical Progress Report found the respondent’s recurrent
lymphoma to be in complete remission, and declared him “fit to resume sea duties”
after undergoing six (6) sessions of chemotherapy.[9]
On June 16, 2006, the respondent filed before the Labor Arbiter a complaint
for total and permanent disability benefits, reimbursement of medical and hospital
expenses, damages, and attorney’s fees[10] against the petitioners. He claims that he
contracted his illness while working on board the petitioners’ vessel.
The Labor Arbiter’s Decision
Labor Arbiter Marita V. Padolina (LA Padolina) ruled in respondent’s favor.
She found the respondent permanently and totally disabled and awarded him
disability compensation of US$60,000.00 or its peso equivalent; and US$6,000.00
attorney’s fees.
LA Padolina ruled the respondent’s illness to be work-related, hence
compensable. She held that the respondent’s illness was aggravated by his work, as
he had always passed the company’s physical examinations since 2000. She