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SECOND DIVISION
[ G.R. No. 228470, April 23, 2018 ]
LOADSTAR INTERNATIONAL SHIPPING, INC., PETITIONER, VS.
ERNESTO AWITEN YAMSON, SUBSTITUTED BY HIS HEIRS GEORGIA
M. YAMSON AND THEIR CHILDREN, NAMELY: JENNIE ANN MEDINA
YAMSON, KIMBERLY SHEEN MEDINA YAMSON, JOSHUA MEDINA
YAMSON AND ANGEL LOUISE MEDINA YAMSON, RESPONDENTS.
DECISION
PERALTA, J.:
Assailed in the present petition for review on certiorari under Rule 45 of the Rules of
Court are the Decision[1] and Resolution[2] of the Court of Appeals (CA), promulgated
on June 9, 2016 and December 1, 2016, respectively, in CA-G.R. SP Nos. 142663 and
142689. The assailed CA Decision reversed and set aside the June 25, 2015 Decision[3]
and August 17, 2015 Resolution[4] of the National Labor Relations Commission (NLRC),
in NLRC LAC No. 10-000876-14, which affirmed, with modification, the September 8,
2014 Decision[5] of the Labor Arbiter (LA) in NLRC Case No. NCR (M) 03-03096-14. The
Decision of the LA dismissed herein respondent's complaint for recovery of total and
permanent disability benefits, sickness allowance, medical and transportation
reimbursements, moral and exemplary damages, and attorney's fees.
The factual and procedural antecedents are as follows:
Herein petitioner is a domestic corporation engaged in the shipping business. On May 7,
2012, petitioner employed the services of herein respondent Ernesto Yamson (Ernesto)
as Third Mate aboard the vessel "M/V Foxhound" for a period of twelve (12) months,
with a basic monthly salary of US$582.00, as evidenced by his Employment Contract.
[6] On May 9, 2012 Ernesto commenced his employment on board "M/V Foxhound". His
contract was subsequently extended.
On November 15, 2013, the vessel anchored at Paia Inlet, Papua New Guinea and
started to load logs. On November 19, 2013, Ernesto, while performing his regular
tasks on an extremely hot day, felt dizzy. In the evening of the same day, Ernesto
started to feel the left side of his body getting numb. Around 9 o'clock of the following
morning, Ernesto already felt very weak while performing his duties. He requested that
his blood pressure be checked and that his condition be reported to the ship captain.
Thereafter, he was ordered to rest in his cabin. However, his condition deteriorated as
he could no longer move the left side of his body in the evening of the same day. His
predicament worsened when he suffered from LBM the next day forcing him to request
that he be brought to the hospital. Ernesto was, thus, brought to the Pacific
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