6/5/2020
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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
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