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738 Phil. 374
SECOND DIVISION
[ G.R. No. 204101, July 02, 2014 ]
THE LATE ALBERTO B. JAVIER, AS SUBSTITUTED BY HIS
SURVIVING WIFE, MA. THERESA M. JAVIER, AND CHILDREN,
KLADINE M. JAVIER, CHRISTIE M. JAVIER, JALYN M. JAVIER,
CANDY GRACE M. JAVIER AND GLIZELDA M. JAVIER, PETITIONERS,
VS. PHILIPPINE TRANSMARINE CARRIERS, INC. AND/OR
NORTHERN MARINE MANAGEMENT, LTD., RESPONDENTS.
DECISION
BRION, J.:
In this petition for review on certiorari,[1] we resolve the challenge to the May 31, 2012
decision[2] and the October 23, 2012 resolution[3] of the Court of Appeals (CA) in CAG.R. SP No. 96533. This CA decision affirmed the March 10, 2006 resolution[4] of the
National Labor Relations Commission (NLRC) in NLRC NCR Case No. (M) 04-07-0194600 (NLRC NCR CA No. 045549-05) which, in turn, affirmed with modification the May
31, 2005 decision[5] of the labor arbiter (LA). The LA granted the complaint filed by
Alberto Javier for disability benefits, illness allowance, reimbursement of medical
expenses, damages and attorney’s fees.
The Factual Antecedents
On March 3, 2003, Philippine Transmarine Carriers, Inc. (PTCI), for its principal
Northern Marine Management, Ltd. (collectively, the respondents), hired Alberto as
“pumpman,” on board the vessel “MT Neptune Glory.” This was Alberto’s 20th contract
with the respondents.[6] Pursuant to the agreement, Alberto received a basic monthly
salary of US$656.00 for a contract period of nine months. Prior to his hiring on March
3, 2003, Alberto underwent the required Pre-employment Medical Examination (PEME)
and was declared “fit for work” by PTCI’s designated physician.[7]
On November 10, 2003, Alberto suddenly felt severe headache accompanied by
dizziness, vomiting and physical weakness while he was on board “MT Neptune
Glory.”[8]
On November 15, 2003, Alberto was confined at the University of Texas Medical Branch
Hospital in Galveston, Texas. He underwent a series of medical examination and was
diagnosed to be suffering from hypertension.[9] On the doctors’ advice, Alberto was
repatriated to the Philippines on November 23, 2003 for further medical treatment.
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