Eduardo’s wife, Lydia, and US$15,000.00 death benefits to each of their three
children.
The NLRC held that LA de Vera erred in concluding that Eduardo’s illness
was pre-existing based on (1) the result of the HIV test conducted by the National
Reference Testing Center for HIV Testing, and (2) Griffiths’ report. It did not
consider the HIV test result as competent evidence of a pre-existing HIV condition,
as it did not mention Eduardo’s name, nor did it particularly state that an HIV test
was conducted on Eduardo.
The NLRC noted that the respondents failed to
corroborate their allegation that Eduardo deliberately shopped for agencies that
required a PEME without HIV testing. Similarly, the NLRC declared Griffiths’
report without evidentiary value as it was unsigned.
The NLRC further ruled that Eduardo’s illness was aggravated by his
employment. As First Engineer, Eduardo monitored the ship’s engine on a daily
basis; he was responsible for its mechanical propulsion, maintenance, and
operation. He also supervised welding job orders. In undertaking these tasks, he
was exposed to various engine toxics and deleterious residues and substances such
as metallic iron, oxides, asbestos and carbon monoxides.
The respondents moved for the reconsideration of this resolution, but the
NLRC dismissed their motion in its resolution of March 12, 2007.14[14]
14[14] Supra note 5.