G.R. No. 226656 - ARNEL T. GERE, VS. ANGLO-EASTERN CREW MANAGEMENT PHILS., INC. AND/OR ANGLO-EASTERN CREW MANAGEMENT (ASIA), LTD..[G.R. No. 226713] ANGLO-EASTERN CREW MANAGEMENT PHILS., INC. AND/OR ANGLO-EASTERN CREW MANAGEMENT (ASIA), LTD., VS. ARNEL T. GERE.D E C I S I O N - Supreme Court E-Librar

Ruling

accordingly offered to him, as shown in the exchange of communication between Pandiman Philippines, Inc., the Petitioners' (Respondents') Protection and Indemnity Correspondent, and Private Respondent's (Petitioner's) counsel, Atty. Romulo P. Valmores. [14] In contrast, however, the petitioner remained firm in asserting that the respondents have not informed him of these medical assessments. [15] According to him, more than 240 days of treatment have already lapsed without the disability grading from the company-designated physician, and so, on September 11, 2014, he consulted his personal physician, Dr. Manuel Fidel M. Magtira (Dr. Magtira) of the Armed Forces of the Philippines Medical Center. Dr. Magtira later on opined that the petitioner suffers from "partial permanent disability with Grade 8 impediment based on the POEA contract." [16] Dr. Magtira further concluded that the petitioner is "now permanently UNFIT in any capacity for further sea duties." [17] On the basis of the foregoing, the petitioner asked the respondents to pay him disability benefits based on the CBA between AMOSUP and the respondents. The latter denied the claim. Hence, on the strength of the provisions under the CBA, [18] the petitioner filed a Notice to Arbitrate before the Office of the Panel of Voluntary Arbitrators of the National Conciliation and Mediation Board (NCMB). After the failure of the parties to arrive at an amicable settlement, the panel rendered its Decision on May 29, 2015 in favor of the petitioner. The dispositive portion of the NCMB Decision reads: WHEREFORE, ALL THE ABOVE CONSIDERED , a Decision is hereby promulgated directing the respondents, jointly and severally, to pay complainant the following amounts: 1.) US$95,949.00 as full disability benefits under the CBA; 2.) US$2,328.00 representing his illness allowance; and 3.) 10% of the total monetary award for attorney's fees. All other claims are dismissed. SO ORDERED.