4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly binding on both parties. In the original action for certiorari, Salazar argued that since the NLRC already found that Armando had contracted a work-related illness, it must also grant her death benefits, notwithstanding that her husband died after his repatriation. Petitioners no longer filed a comment or memorandum to address her argument.[20] In its assailed Decision, the CA granted respondent’s additional claim for death benefits, thereby reversing the rulings of both the LA and the NLRC. Heavily relying on Wallem Maritime Services, Inc. v. NLRC,[21] the CA pieced together these various circumstances to conclude that the death of Armando resulting from a work-related illness was compensable: (1) he was declared fit to work at the start of his service; (2) he handled the cargo of the ship and was thus exposed to hazardous elements; and (3) he was confined in the ICU two days after his repatriation. After making this inference, the CA no longer gave significance to the fact that he failed to report his health problems while he was at sea, and that he did not go through the mandatory PEME within 72 hours from his repatriation. The CA explained thus:[22] While it may be true that there was no record to prove that Armando was ill while on board the vessel as there was no report of any illness on his part, nor did he ask for medical attention during the term of his contract, medical history and human experience would show that lung carcinoma does not just develop in one day or much less, deteriorate that fast. The fact that Armando was hospitalized and confined at the ICU two days after he was repatriated, would prove that Armando’s illness was already in its advance [sic] stage. While his death may have occurred after his contract was terminated, it is safe to presume that his illness was work- related or that his work aggravated his illness. xxxx Admittedly, Armando did not report to private respondents within the required period of 72 hours upon his arrival. However, for a person who is terminally ill, such as Armando, it is understandable, as he is physically incapacitated to do it. The mere fact that he was confined at the ICU two days after his repatriation bespeaks of his condition. Private respondents cannot deny that they were notified of this fact as petitioner Salazar went to their office on the 7th or 8th day of Armando’s first confinement and asked for her husband’s insurance proceeds and assistance only to be rebuffed. This is more than sufficient notice to private respondents of Armando’s condition. (Underscoring supplied) Moreover, the CA rejected the contention that Armando died after his service in this wise:[23] x x x. It would be error to conclude that death benefits are recoverable only when the seafarer’s death occurs during the period of his contract when evidence show that at the time he was repatriated he was already terminally elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56149 4/13