during the term of the contract; that Lutero failed to disclose his medical condition
prior to his deployment; and that he acknowledged his preexisting illness following
his repatriation. Aggrieved, respondent appealed to the NLRC which, however,
affirmed the LA's ruling.
Undaunted, respondent went to the CA on certiorari,13[13] alleging grave
abuse of discretion on the part of the NLRC in not ruling that Lutero's death was
due to an illness contracted during his employment, or that said employment
contributed to the development of his illness.
On September 26, 2007, the CA decided in favor of respondent, finding that
the nature of Lutero's employment contributed to the aggravation of his illness.
Invoking our rulings in Seagull Shipmanagement and Transport, Inc. v.
NLRC14[14] and Wallem Maritime Services, Inc. v. NLRC,15[15] the CA disposed
of the case in this wise:
WHEREFORE, the petition is GRANTED. The assailed Resolutions of
the National Labor Relations Commission are REVERSED and SET ASIDE.
Private respondents are ordered to pay, jointly and severally, the following
amounts to petitioner for herself and in her capacity as guardian of her minor
children: US$50,000.00 as death benefit; US$7,000.00 to each child under the age
13[13]
Id. at 6-48.
14[14]
G.R. No. 123619, June 8, 2000, 333 SCRA 236.
15[15]
376 Phil. 738 (1999).