G.R. No. 179607 - CIRILA MANOTA, FOR HERSELF AND IN BEHALF OF HER CHILDREN, CLAIRE, CATHERINE, CHARLES, PHILIP CHRISTOPHER, CARMI JOY, CARLO JOHN AND CEDRIC JAMES, VS. AVANTGARDE SHIPPING CORPORATION AND/OR SEMBAWANG JOHNSON MANAGEMENT PTE., LTD.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, as above discussed, respondents Avantgarde Shipping Corporation and Sembawang Johnson Management PTE., Ltd. are hereby ordered jointly and severally to pay the complainant his total disability benefit (Grade 1) in the amount of FIFTY THOUSAND DOLLARS (US$50,000.00) and attorney's fees equivalent to ten (10%) percent hereof. All other claims are dismissed for lack of merit. [18] In so ruling, the LA found that the proximity of the time of Enrique's arrival in the Philippines on December 2, 1996 to the time he had his medical examination at the UDMC Hospital on January 6, 1997 where his x-ray result showed that he was suffering from pneumonia/tuberculosis foci, and the laboratory results showed high level of blood sugar, indicated that his sickness was contracted during the term of his employment contract; that the compensability of an ailment does not depend on whether the injury or disease was pre-existing at the time of the employment, but rather if the disease or injury is work-related or is aggravated by his working condition. The LA observed that before Enrique's hiring, he underwent a medical examination and was declared fit to work, but after 7 months of work was found suffering from pneumonia/tuberculosis foci, thus, it concluded that Enrique contracted the disease during the term of his employment. Aggrieved, respondents filed their memorandum on appeal [19] with the NLRC, to which Enrique filed his Comment/Opposition thereto. [20] On June 8, 2001, the NLRC rendered a Decision, the dispositive portion of which reads: WHEREFORE, the decision of [the] Labor Arbiter below is SET ASIDE. The complaint below is dismissed for lack of merit. SO ORDERED.