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810 Phil. 704
SECOND DIVISION
[ G.R. No. 204262, June 07, 2017 ]
MARIO C. MADRIDEJOS, PETITIONER, VS. NYK-FIL SHIP
MANAGEMENT, INC., RESPONDENT.
DECISION
LEONEN, J.:
Illnesses not listed as an occupational disease under Section 32 of the 2000 Philippine
Overseas Employment Administration Amended Standard Terms and Conditions
Governing the Employment of Filipino Seafarers on Board Ocean-Going Vessels are
disputably presumed to be work-related.[1] However, seafarers must prove through
substantial evidence the correlation between their illness and the nature of their work
for their claim for disability benefits to prosper.
This Petition for Review on Certiorari[2] assails the Resolutions dated September 26,
2012[3] and November 6, 2012[4] of the Court of Appeals in CA-G.R. SP No. 125529.
The Court of Appeals ruled that the National Labor Relations Commission did not
commit grave abuse of discretion in dismissing Mario Madridejos' (Madridejos)
complaint for disability benefits.[5]
Petitioner Madridejos was a Filipino seafarer[6] hired by respondent NYK-Fil Ship
Management, Inc. (NYK-FIL),[7] a registered local manning agency operating by virtue
of Philippine laws[8] for its foreign principal, International Cruise Services, Limited.[9]
On March 25, 2010, Madridejos signed an employment contract with NYK-FIL as a Demi
Chef for the vessel "Crystal Symphony/Serenity."[10] The employment contract was
effective for a period of 10 months with a basic monthly salary of US$1,055.00, an
overtime rate of US$4.00 per hour beyond 70 hours, and vacation leave with pay
amounting to 10% of his total income.[11]
On April 10, 2010, Madridejos commenced to work aboard the vessel.[12] Two (2)
weeks after, or on April 28, 2010, he claimed that he suddenly slipped on a metal
stairway and fell down, hitting his abdomen and chest on a metal pipe.[13] He was
brought to the ship doctor and was diagnosed to have a "sebaceous cyst to the right of
the umbilicus."[14]
The next day, Madridejos was treated at Spire Southampton Hospital in Hampshire,
England.[15] Under a local anesthesia, his cyst was removed, and the lesion was closed
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