6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly On September 10, 2001, Awatin reported back to Avantgarde's office for redeployment and was subjected to the mandatory pre-employment medical examination where he was declared “unfit to work” due to a finding of “Minimal PTB right upper lung.” He was then confined at the St. Dominic Medical Center, Bacoor, Cavite from November 7 to 9, 2001 because of difficulty in breathing; and at the Doctor's Sabal Hospital, Inc. from June 8 to 27, 2002 in Cagayan de Oro City because of “Adenocarcinoma primary etiology unknown with massive Ascitis;” and at the Camiguin General Hospital from July 2 to 4, 2002 for the same illness. Eventually, Awatin died of “multi-organ failure and adenocarcinoma” on July 12, 2002. Thereafter, on October 9, 2002, petitioner, for herself and on behalf of her two (2) minor children (collectively called petitioners), filed a complaint for recovery of death benefits, burial allowance, sickness allowance, additional benefits for her two (2) minor children, reimbursement of medical and hospitalization expenses, moral and exemplary damages and attorney's fees against private respondents Avantgarde, its officer, Ms. Dora Pascual, Offshore Marine Management Int'l., Inc. (Switzerland) and Seabulk Treasure Island (collectively called private respondents) before the National Labor Relations Commission (NLRC), docketed as NLRC OFW Case No. (M) 02-10-2605-00. According to private respondents, petitioners' claim for death benefits was not granted because the late Awatin was no longer in their employ at the time of his death and that his death arose from an illness which was not work-related. Petitioners' claim for sickness allowance and reimbursement of medical expenses were also denied because according to the same private respondents, the deceased Awatin was not repatriated by reason of illness and for medical treatment. However, petitioners insist that the late Awatin was repatriated due to illness that resulted to his death and that under the POEA Standard Employment Contract, it is sufficient that the illness occurs during the term of the contract to make a seafarer's death compensable. The Labor Arbiter, on May 30, 2003 rendered a Decision[2] in favor of petitioners upon a finding that the late Awatin's illness was contracted during his employment with the private respondents. The dispositive portion of the decision reads: WHEREFORE, premises considered, judgment is hereby rendered, ordering the respondents Avantgarde Shipping Corporation/Dora G. Pascual/Offshore Marine Management International, Inc./Switzerland/Seabulk Treasure Island to pay complainants the amount of NINETY THOUSAND TWO HUNDRED US DOLLARS (US$90,200.00) or its equivalent in Philippine Peso at the prevailing rate of exchange at the time of the actual payment representing the death benefit, burial expenses, sickness wages of the deceased Master Alberto B. Awatin and attorney's fees. The respondents are further ordered to pay complainant the amount of THREE HUNDRED FORTY-SEVEN THOUSAND ONE HUNDRED EIGHTY-EIGHT PESOS & 50/100 (P347,188.50) representing reimbursement of medical expenses. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60645 2/7

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