5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly 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. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57200 1/13

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