The fallo of the Decision[13] dated 31 August 2006 rendered by the Labor
Arbiter reads:
WHEREFORE, Respondents MMS Phil Maritime Services, Inc. and/or
Mary C. Maquilan are hereby ordered jointly and severally to pay complainant
Alex C. Cootauco disability compensation benefit Grade 1 equivalent to Sixty
Thousand (US$60,000) US Dollars pursuant to the POEA Standard Contract or its
peso equivalent at the rate of exchange prevailing at the actual time of payment.
In addition, an attorney’s fees equivalent to ten (10%) of the total award is
hereby granted.
Respondents filed an Appeal with the NLRC which was docketed as NLRC
CA No. 050470-06. The NLRC rendered a Resolution[14] dated 31 May 2007,
granting the appeal and reversing the decision of the Labor Arbiter.
The NLRC explained:
In his case, he never consulted the company-designated
physician. Granting that the respondents-appellants refused to refer him to the
company-designated physician, that did not prevent him from consulting him
because it was the complainant-appellee who paid for all his medical
expenses. Without
the
certification
of
the
company-designated
physician, We cannot consider the medical certification of Dr. Guanlao as
independent as alleged by the complainant-appellee. Not only was it issued fifteen
(15) months after repatriation, the certification was not accurate because the
complainant-appellee never consulted Dr. Guanlao before August 18, 2005 but
the doctor claimed that the complainant-appellee was ‘under his care, May
2004.’[15]
Ultimately, the NLRC held:
WHEREFORE, considering the foregoing, the instant appeal is hereby
GRANTED. The decision appealed from is REVERSED and SET ASIDE.
Accordingly, the complaint is DISMISSED for lack of merit.[16]
Petitioner filed a motion for reconsideration with the NLRC which was
denied in a resolution dated 31 August 2007.[17]