G.R. No. 223731 - ROBELITO MALINIS TALAROC, VS. ARPAPHIL SHIPPING CORPORATION, EPIDAURUS S.A., AND/OR NATIVIDAD PAPPAS.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, petitioner was directed to appear in a series of follow-up check-ups by Dr. Go on May 16 and 20, 2013, June 3 and 20, 2013, July 11, 2013, and August 1 and 22, 2013. [24] In all of the follow-up sessions, petitioner persistently complained of left leg weakness, low back pain and occasional dizziness, to which Dr. Go merely advised him to continue his medications and rehabilitation program. In a medical report [25] dated August 22, 2013 (August 22, 2013 medical report), petitioner was cleared by the specialist, Dr. Chen Pen Lim, of his gastric ulcer and gastro-intestinal disorder. Unconvinced of the true state of his condition, petitioner consulted an independent physician, Dr. Manuel Fidel M. Magtira (Dr. Magtira), who, in a Medical Report [26] dated September 20, 2013, found him unfit to return to work as a seafarer after evaluating his previous MRI and upon physical examination, pointing out that in view of his persistent back pain, he has lost his pre-injury capacity that rendered him permanently disabled. [27] In the interim, or on August 28, 2013, petitioner filed a complaint [28] for underpayment of sick leave pay, non-payment of salaries/wages, reimbursement of transportation expenses, payment of sickness allowance, moral and exemplary damages, and attorney's fees against ASC, its Owner/Manager/President Natividad A. Pappas, and Epidaurus S.A. (respondents), before the NLRC, docketed as NLRC NCR OFW Case (M)-08-12057-13. The complaint was subsequently amended [29] on October 2, 2013 to include a claim for total and permanent disability benefits in view of Dr. Magtira's independent medical report finding petitioner unfit to resume his usual work as a seafarer. [30] In support of his claim, petitioner averred that from the time he was repatriated for his back injury, he was no longer capable of resuming work as a seafarer that lasted for more than 240 days despite medical treatment and therapy. By reason thereof, he had lost his capacity to obtain further sea employment and an opportunity to earn an income, thus entitling him to payment of total disability compensation in the full amount of US$90,000.00 pursuant to the P.N.O "TCC" Collective Agreement for Crews on Flag of Convenience Ships [31] (CBA) that was enforced during his last employment contract. Petitioner also sought for the payment of moral and exemplary damages in view of respondents' unjustified refusal to settle the matter and their evident bad faith in dealing with him, as well as attorney's fees pursuant to Article 2208, paragraphs (2) and (8) of the Civil Code. [32] For their part, [33] respondents maintained that petitioner was not entitled to permanent and total disability benefits under the CBA since the latter's illness did not arise from an accident. [34] They contended that petitioner's diagnosed illnesses, namely, Gastric Ulcer and Duodenitis, were already resolved as shown in the August 22, 2013 medical report, while his other illnesses, namely, hyperten