SECOND DIVISION [G.R. No. 123619. June 8, 2000] SEAGULL SHIPMANAGEMENT AND TRANSPORT, INC., and DOMINION INSURANCE CORPORATION, petitioners, vs. NATIONAL LABOR RELATIONS COMMISSION and BENJAMIN T. TUAZON, respondents. DECISION QUISUMBING, J.: Esm This petition for review is properly a special civil action for certiorari under Rule 65 and not Rule 45 of the Revised Rules of Court. In it, petitioners assail the Resolution dated November 24, 1995 of the National Labor Relations Commission (NLRC) which affirmed the Decision dated January 19, 1995 of the Philippine Overseas Employment Administration (POEA). The Resolution ordered petitioners to pay, jointly and severally, complainant Benjamin Tuazon, the amount of US$2,200 representing 120 days sickness benefits and US$15,000 representing disability benefits as appended to the POEA Standard Contract. On March 17, 1991, private respondent Benjamin T. Tuazon, now deceased, and represented in the instant case by her daughter, Mrs. Noelee TuazonBuenaventura,[1] was deployed by Seagull to work as radio officer on board its vessel, MV Pixy Maru. The contract was for 12 months commencing on March 7, 1991, with basic monthly salary of US$550.00 plus a fixed monthly overtime pay equivalent to thirty (30%) percent of the basic monthly salary. Prior to his deployment and as a condition to final hiring, Tuazon was required to submit to a medical examination with the petitioner's accredited clinic which is the LDM Clinic and Laboratory. The medical examination consisted among others, of the standard Xray exposure, and urine tests. In 1986, complainant underwent a heart surgery for an insertion of a pacemaker.[2] Hence, the accredited clinic of Seagull, through Dr. Tordesillas,[3] required him to secure from his cardiologist a certification to the effect that he could do normal physical activities. Consequently, he was declared fit to work. Sometime in December 1991, while on board the vessel, Tuazon suffered bouts of coughing and shortness of breathing. He was immediately sent to a hospital in Japan for medical check-up, and was confined at the Kagoshimashiritsu Hospital, Kagoshima City, from December 12 to 27, 1991.[4] Based on the doctor's diagnosis, an open heart surgery was needed. Due to this medical findings, on December 28, 1991, he was repatriated back in the Philippines. Upon arrival, Seagull referred him to its accredited

Select target paragraph3