Resolution[5] of the National Labor Relations Commission (NLRC) in NLRC NCR
CA 027007-01 [OFW (M) 99-10-1799-00].
The antecedent facts are as summarized by the CA, viz.:
On or about September 29, 1998, petitioner Fabiolo Cantomayor* entered into a
contract of overseas employment with respondent Dynacom Shield Shipping Ltd.
and Singa Ship Management A.S. represented by respondent Micronesia
Resources* to work on board the vessel M/T CLOUD under the following terms
and conditions approved by the Philippine Overseas Employment Administration
(POEA):
Duration of Contract: 9 mos. plus/minus 1 mo.
Position: Third Officer
Basic Mo. Salary: US $824.00/mo.
Hours of work: 191 hrs./mo. (as per CBA 98)
Overtime: US $ 512.00/mo.
Vacation Leave with Pay: US $ 8 days/mo.
Sometime in October 1998, petitioner joined the vessel M/T CLOUD. Two (2)
months thereafter, petitioner started to feel weak and encountered difficulty in
breathing. Petitioner ignored his condition and continued with his
employment. However, on or about February 17, 1999, petitioner, while working,
suddenly felt dizzy and eventually collapsed. He regained consciousness not long
after but since then he always felt weak and was constrained to work lightly.
When the vessel reached Italy, petitioner was brought to a hospital and was
diagnosed to have coronary artery disease and was advised to undergo by-pass
surgery. In view thereof, petitioner was repatriated to the Philippines and
immediately sought treatment at the Medical Center of Manila, attended by a
company-designated physician who noted that three (3) of his artery vessels were
blocked, thereby confirming the diagnosis made by the doctors in Italy and
echoing the same recommendation for immediate by-pass surgery. Thus, on or
about June 30, 1999, petitioner underwent coronary artery by-pass at the
Philippine Heart Center.
Considering his medical condition, petitioner was not able to return to his
previous employment as a Third Officer. Consequently, he requested respondents
to grant him permanent and total disability compensation as well as the
reimbursement of his medical expenses in accordance with the terms and
conditions of the Revised Standard Employment Terms and Conditions
Governing the Employment of Filipino Seafarer on Board Ocean-going Vessels