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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
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