Heirs of Aniban vs NLRC : 116354 1 of 5 http://sc.judiciary.gov.ph/jurisprudence/1997/dec1997/116354.htm FIRST DIVISION [G.R. No. 116354. December 4, 1997] HEIRS OF THE LATE R/O REYNALDO ANIBAN represented by BRIGIDA P. ANIBAN, petitioners, vs. NATIONAL LABOR RELATIONS COMMISSION, PHILIPPINE TRANSMARINE CARRIERS, INC., NORWEGIAN SHIP MANAGEMENT, INC. A/S, and PIONEER INSURANCE AND SURETY CORPORATION, respondents. DECISION BELLOSILLO, J.: BRIGIDA P. ANIBAN representing the heirs of the late Reynaldo Aniban assails the decision of the National Labor Relations Commission (NLRC), [1] reversing that of the Philippine Overseas Employment Administration (POEA) which ruled that myocardial infarction was an occupational decease in the case of radio operator Reynaldo Aniban and awarded, aside from attorney's fees of US$6,700.00, a total of US$67,000.00 in death benefits to his heirs: US$13,000.00 for death benefits under the POEA Standard Employment Contract; US$30,000.00 for death benefits under the Collective Bargaining Agreement; and, US$24,000.00 as additional compensation for his three (3) children under eighteen (18) years of age at US$8,000.00 each, [2] as well as denying the motion for its reconsideration. [3] Reynaldo Aniban was employed by the Philippine Transmarine Carriers, Inc. (TRANSMARINE) acting in behalf of its foreign principal Norwegian Ship Management A/S (NORWEGIAN) [4] as radio operator (R/O) on board the vessel "Kassel" for a contract period of nine (9) to eleven (11) months. On 26 June 1992, or during the period of his employment, R/O Aniban died due to myocardial infarction. [5] He was survived by a pregnant wife and three (3) minor children who prayed for death benefits provided under par. (1) of the POEA Standard Employment Contract thus 1. In case of death of the seaman during the term of his contract, the employer shall pay his beneficicaries the Philippine currency equivalent to the amount of: x x x x b. US$13,000.00 for other officers including radio operators and master electricians. A claim was also made for additional death benefits under the Collective Bargaining Agreement executed between Associated Marine Officers and Seamen's Union of the Philippines and NORWEGIAN represented by TRANSMARINE, to wit: Article 11 Compensation for loss of Life Death caused by an Occupational Injury or Disease. - In the event of death of an officer due to an occupational injury or disease while serving on board, while travelling to and from the vessel on Company's business or due to marine peril, the Company will pay his beneficiaries a 1/25/2016 12:42 AM

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