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which further revealed malignant cells in his body.[46]
Moreover, Joselito’s Death Certificate[47] stated respiratory failure as the immediate
cause of his death, with pulmonary metastasis as antecedent cause. The underlying
cause for his death was germ cell tumor which may be found, among others, in the
testes and the center back wall of the abdominal cavity. [48] The World Health
Organization defines an underlying cause as the disease or injury that initiated the
train of events leading directly to death, or circumstances of the accident or
violence that produced the fatal injury.[49] Perforce, there existed a clear causal
connection between Joselito’s illness which he contracted during employment
and his eventual death.
The Court cannot give credence to petitioners’ claim[50] that Joselito’s death occurred
beyond the term of his employment because his extended/renewed contract was void
for lack of POEA approval and thus, barred recognition of any rights and obligations
arising therefrom. Such interpretation runs counter to the avowed policy of the State to
give maximum aid and protection to labor, especially in the instant case where the lack
of POEA approval was not Joselito’s fault who was made to continuously serve aboard
M/T Demetra beyond the maximum allowable period of service of twelve
months[51] without the benefit of a formal contract or being subjected to
another pre-employment medical examination (PEME). Petitioners made such a
scenario occur and should not benefit from their wrongful acts. Thus, the CA is correct
in holding that there was an implied renewal of Joselito’s contract of employment for
another nine (9) months starting from the expiration of the allowable three (3) month
extension on January 28, 2003, or for the period of January 29, 2003 up to October 28,
2003, with petitioners being deemed to have relied on Joselito’s fitness based on his
previous PEME and assumed the risk of liability for illness contracted during such
extended term. In this regard, the Court has repeatedly held that a worker brings with
him possible infirmities in the course of his employment and while the employer is not
the insurer of the health of the employees, he takes them as he finds them and
assumes the risk of liability.[52]
Neither may the execution of release documents in petitioners’ favor detract from the
compensability of Joselito’s death. While the documents appear to have been executed
voluntarily, they were the result of a pre-designated scheme to evade payment of
disability benefits due to Joselito, whose medical condition gradually regressed despite
the company designated physician’s declaration that he was fit to work.
Anent the release documents that Joselito executed in favor of petitioners, records
show that Joselito’s two (2) previous complaints were actually “walk-in
settlements,”[53] thus explaining his actions of filing such complaints and eventual
motions to dismiss, as well as the execution of release documents, all on the same day.
Moreover, petitioners never traversed Cristina’s assertion[54] that the motion to dismiss
and release document in connection with Joselito’s second complaint were already
signed and executed even before such complaint was filed and that respondent InterOrient’s representatives actually accompanied Joselito in filing the same.
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