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THIRD DIVISION
[ G.R. No. 237487, June 27, 2018 ]
ALDRINE B. ILUSTRICIMO, PETITIONER, V. NYK-FIL SHIP
MANAGEMENT, INC./INTERNATIONAL CRUISE SERVICES, LTD.
AND/OR JOSEPHINE J. FRANCISCO, RESPONDENTS.
DECISION
VELASCO JR., J.:
Nature of the Case
This petition for review under Rule 45 of the Rules of Court seeks to reverse and set
aside the September 27, 2017 Decision[1] and February 15, 2018 Resolution[2] of the
Court of Appeals (CA) in CA-G.R. SP No. 149491 entitled "NYK-Fil Ship Management,
Inc./International Cruise Services Ltd, Josephine J. Francisco v. Aldrine B. Ilustricimo."
The assailed rulings modified the amount of disability benefits awarded by the Panel of
Voluntary Arbitrators[3] (VA) of the National Mediation and Conciliation Board (NCMB)
to petitioner Aldrine B. Ilustricimo in its October 25, 2016 Decision.[4]
Factual Antecedents
Petitioner was engaged by respondent International Cruise Services Ltd., through
respondent NYK-Fil Ship Management, Inc. (NYK), as a Quarter Master onboard its
vessels from 1993 to 2014. His last employment with the respondents was on board
the vessel MV Crystal Serenity last April 2014. Prior to his embarkation, petitioner
underwent a routine Pre-Employment Medical Examination and was declared physically
fit to work.
In November 2014, while MV Crystal Serenity was on its way to Florida, USA, petitioner
started experiencing gross hematuria, or blood in his urine. He reported the matter to
his superiors and was given antibiotics for suspected urinary tract infection. Due to his
medical condition, petitioner was brought to a hospital in Key West, Florida, where he
was subjected to a CT Scan. The results revealed the presence of three polypoid
masses in his bladder. Petitioner was medically repatriated on November 22, 2014 and
immediately referred to the company-accredited hospital for treatment. Dr. Nicomedes
Cruz (Dr. Cruz), the company-designated doctor, diagnosed him with "urothelial
carcinoma of the urinary bladder, low grade" or "bladder cancer."[5]
After undergoing a series of chemotherapy sessions and operations, petitioner's
attending doctors assessed him with an interim disability rating of Grade 7 in a
report[6] dated March 6, 2015. In the same report, Dr. Cruz noted that risk factors for
petitioner's illness include "occupational exposure to aromatic amines and cigarette
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