4/10/2020 E-Library - Information At Your Fingertips: Printer Friendly injury suffered while on board M/V Foxhound, the Labor Arbiter brushed aside the claim for medical reimbursement, sickness allowance and permanent disability benefits on the additional ground that Calawigan’s disability was not assessed by a companydesignated physician as required under Sec. 20-B of the POEA-SEC. Absent the names of the doctor and hospital as well as the time and date of consultation in the Statement of Account supposedly issued to Calawigan in Ishinomaki, Japan, the Labor Arbiter also discounted the probative value of said document which was additionally found to contain typewritten entries “markedly similar, if not the same as the typewritten entries in the complaint form.”[17] Dissatisfied with the foregoing decision, Calawigan perfected the appeal which was docketed as NLRC NCR CA No. 048098-06 before the Third Division of the NLRC. In view of his death from a heart attack during the pendency of his appeal, Calawigan was, however, substituted in the case by his heirs, namely, his wife, respondent Maritess C. Calawigan, and their minor daughter, respondent Rikki Jule C. Calawigan. On 30 April 2008, the NLRC rendered a decision, denying the appeal for lack of merit and affirming in toto the Labor Arbiter’s decision dated 28 December 2005. Finding that Calawigan failed to establish that he was repatriated for medical reasons, the NLRC ruled that said seafarer’s monetary claims were correctly dismissed for lack of showing that his moderate hearing loss was attributable to his working conditions and that he submitted himself for a post-employment medical examination by a companydesignated physician within three days from repatriation. Echoing the Labor Arbiter’s rejection thereof, the Statement of Account Calawigan claimed he was issued in Ishinomaki, Japan was also pronounced to be of dubious authenticity by the NLRC.[18] Unfazed by the NLRC’s 18 June 2008 denial of their motion for reconsideration of the foregoing decision,[19] respondents Heirs of Enrique C. Calawigan filed a Petition for Certiorari under Rule 65 which was docketed as CA-G.R. SP No. 105075 before the CA. [20] On 6 February 2009, the CA’s Fifth Division rendered the herein assailed decision, reversing the NLRC’s decision upon the following findings and conclusions: (a) the entries made in Japanese characters in the Statement of Account indicate that Calawigan was treated for an eye complaint which was confirmed by the results of the ultrasonography he underwent at the SLMC; (b) complete deafness resulting from working conditions involving any industrial operation having excessive noise particularly in high frequencies is an occupational disease and is compensable as such under Sec. 32 of the POEA-SEC; (c) Calawigan’s non-submission to a post-employment medical examination by a company-designated physician was due to LISI’s inaction on his request therefor; and (d) designed for the benefit of Filipino seafarers, the POEA-SEC provides for compensation where work has contributed, even in a small degree, in bringing about the disability.[21] LISI’s motion for reconsideration of the foregoing decision was denied for lack of merit in the CA’s likewise assailed Resolution dated 30 March 2009,[22] hence, this Petition for Review on Certiorari under Rule 45. The Issues elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55413 3/11