5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly 745 Phil. 313 SECOND DIVISION [ G.R. No. 198528, October 13, 2014 ] MAGSAYSAY MITSUI OSK MARINE, INC. AND/OR MOL TANKSHIP MANAGEMENT (ASIA) PTE LTD., PETITIONERS, VS. JUANITO G. BENGSON,* RESPONDENT. DECISION DEL CASTILLO, J.: Time and again, this Court has held that cardiovascular disease, coronary artery disease, and other heart ailments are work-related and, thus, compensable. Assailed in this Petition for Review on Certiorari[1] is the July 15, 2011 Decision[2] of the Court of Appeals (CA) in CA-G.R. SP No. 118501 which set aside the August 31, 2010 Decision of the National Labor Relations Commission (NLRC) in NLRC LAC No. (OFW-M) 10-000643-09 and reinstated with modification the June 18, 2009 Decision of the Labor Arbiter in NLRC OFW Case No. (M) 07-10402-08. Also assailed herein is the CA’s September 9, 2011 Resolution[3] denying reconsideration of its assailed Decision. Factual Antecedents The facts are succinctly summarized by the appellate court, thus: Since the year 1986, x x x Juanito G. Bengson[4] has been working as a seafarer for x x x Magsaysay Mitsui OSK Marine, Inc.[5] (Magsaysay, Inc.), from his first position as Deck Cadet until his present position as Third Mate Officer. On August 7, 2007, at the age of 45, [Bengson] entered into his 22nd contract of employment with Magsaysay, Inc. for and in behalf of its foreign principal MOL Tankship Management (Asia) Pte., Ltd.,[6] as a Third Mate Officer on board the vessel “KN TRADER”. The contract was for a duration of nine (9) months with a basic monthly salary of US$814.00 for a minimum of 40 hours of work in a week. Prior to his deployment, [Bengson] underwent and passed the Pre-Employment Medical Examination (PEME) and was found to be “fit for sea duty” on August 11, 2007. Thereafter, [Bengson] boarded the ship and performed his assigned tasks. On October 5, 2007, after doing his usual duties on board the vessel, [Bengson] suddenly experienced difficulty in breathing and numbness on half of his body. Thinking that it was caused by fatigue, he rested for a while. After two hours, he still felt numbness over his half body prompting elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57809 1/13

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