5/19/2021
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company-designated physician. After undergoing CT scan procedure and guided biopsy,
and being evaluated by an oncologist, Buenaflor was diagnosed with "primary liver
cancer vs. metastatic liver disease." Hence, Buenaflor underwent chemoemobilization
of the liver mass, and subsequently, chemotherapy. Buenaflor, however, did not
respond well to these procedures.
Dr. Agbayani reported that Buenaflor was suffering from "Adenocarcinoma of the Liver
with Peripancreatic Metastases, Retroperitoneal Metastases, Lung Metastases,
Malignant Ascites, S/P Chemoemobilization, Stage IV." He further opined that
Buenaflor's ailment is work-related only if he was exposed to chemicals.
Due to difficulty in getting blood donors in Manila, Dr. Agabayani recommended that
Buenaflor's radiotherapy and chemotherapy procedures be transferred to his home
province, Iloilo. Thus, on July 26, 2013, Buenaflor was discharge from MDH and
transferred to Iloilo Doctors Hospital. Unfortunately, Buenaflor passed away on August
2, 2013 due to "Cardiopulmonary Arrest Secondary to Hepatocellular CA Stage IV."
On November 12, 2013, the heirs of Buenaflor, represented by his wife, Honorata G.
Buenaflor (respondents), initiated a complaint for death benefits, attorney's fees and
damages against petitioners Magsaysay, Masterbulk and Marlon P. Trinidad (Trinidad),
the Fleet Director of Magsaysay, before the Labor Arbiter.
On February 27, 2014, the Labor Arbiter dismissed the complaint as there was no
evidence that Buenaflor's liver cancer was caused or aggravated by, or related to, his
work. The Labor Arbiter further ruled that the ship where Buenaflor worked as Second
Mate was a general cargo/ container, and as such, the goods shipped were enclosed in
large metal containers. For humanitarian reasons, however, the Labor Arbiter awarded
the sum of US$5,000.00, and attorney's fees, equivalent to 10% of the monetary
award, to respondents.
Not satisfied with the decision of the Labor Arbiter, respondents appealed the case to
the NLRC. On July 30, 2014, the NLRC granted the appeal and reversed the decision of
the Labor Arbiter. The NLRC ruled that the Collective Bargaining Agreement (CBA), of
which Buenaflor is covered, clearly intended to compensate any injury or death suffered
by an officer regardless of its nature or circumstance. The NLRC further held that when
Buenaflor died four months after his repatriation, he was still under Magsaysay. The
dispositive portion of said decision reads:
WHEREFORE, upon the premises, the Decision dated 27 February 2014 of
Labor Arbiter Edgar M. Madriaga is REVERSED and SET ASIDE. In lieu
thereof, judgment is hereby rendered ordering respondents Magsaysay
Maritime Corporation and Masterbulk Pte. Ltd. To PAY complainants, jointly
and severally, at the rate of exchange at the time of payment, the following
amounts:
(a) US $180,000.00 as death benefits;
(b) US $14,000.00 as allowance to minor children Kyrie Guzman Buenaflor
and Yhancy Guzman Buenaflor; and
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66498
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