4/9/2020 E-Library - Information At Your Fingertips: Printer Friendly 685 Phil. 704 FIRST DIVISION [ G.R. No. 173951, April 16, 2012 ] DANIEL M. ISON, PETITIONER, VS. CREWSERVE, INC., ANTONIO GALVEZ, JR., AND MARLOW NAVIGATION CO., LTD., RESPONDENTS. DECISION DEL CASTILLO, J.: While the provisions of the Philippine Overseas Employment Administration Standard Employment Contract (POEA-SEC) are liberally construed in favor the well-being of Overseas Filipino Workers (OFW), claims for compensation which hinge on surmises must still be denied, as in this case. By this Petition for Review on Certiorari,[1] petitioner Daniel M. Ison assails the Decision[2] dated February 17, 2006 and Resolution[3] dated August 1, 2006 of the Court of Appeals (CA) in CA-G.R. SP No. 89112, which reversed and set aside the Decisions dated February 26, 2004[4] and August 24, 2004[5] and the Resolution[6] dated February 28, 2005 of the National Labor Relations Commission (NLRC), and consequently dismissed petitioner’s claim for disability benefits against respondents Crewserve, Inc., Antonio Galvez, Jr. (in his capacity as President of Crewserve, Inc.) and Marlow Navigation Co., Ltd. Factual Antecedents On July 21, 1999, a Contract of Employment[7] was entered into by and between petitioner and respondents whereby the former agreed to work as Cook A for the latter on board M.V. Stadt Kiel for a period of 12 months at a basic monthly salary of US$550.00. Said contract was approved by the Philippine Overseas Employment Administration (POEA). After his pre-employment medical examination, petitioner boarded the vessel in November 1999. During the course of his employment, however, petitioner experienced chest pains and leg cramps. Thus, when the vessel reached Miami, Florida, he was sent to Sunshine Medical Center for a medical check-up, electrocardiogram (ECG) and chest x-ray. The tests revealed abnormal findings with the corresponding recommendation that petitioner consult a cardiologist.[8] medically repatriated on June 24, 2000. Petitioner was thereafter Upon repatriation, petitioner was referred to respondents’ physician at El Roi Diagnostic Center for a medical examination and was diagnosed to be suffering from enlargement elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/54687 1/12

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