G. R. No. 179177 7 of 29 http://sc.judiciary.gov.ph/jurisprudence/2009/july2009/179177.htm xxxx 6. In case of permanent total or partial disability of the seafarer caused by either injury or illness the seafarer shall be compensated in accordance with the schedule of benefits enumerated in Section 32 of this Contract. Computation of his benefits arising from an illness or disease shall be governed by the rates and the rules of compensation applicable at the time the illness or disease was contracted. Petitioner Nisda claimed that the abovequoted provision entitled him to claim disability benefits or compensation from his foreign employer, respondent ADAMS, and its local manning agent, Nobel, since his illness was supposedly contracted during the term of his POEA-SEC. Likewise, petitioner Nisda prayed for the award of moral and exemplary damages due to the supposed deliberate and wanton refusal of respondent ADAMS and Nobel to pay his monetary claims. While petitioner Nisdas Complaint was pending before the NLRC, respondent ADAMS remitted on 16 March 2003 to the Makati Medical Center and Makati Heart Foundation the amounts of Four Thousand Three Hundred Eighty-Nine Dollars and Forty Cents (US$4,389.40) and Five Thousand Nine Hundred Ninety-Seven Dollars and Thirty-Three Cents (US$5,997.33), respectively, representing medical and/or hospital expenses, including professional fees of the attending physicians, arising from petitioner Nisdas bypass operation. Nobel and Guerrero rebutted petitioner Nisdas Complaint before the NLRC, averring that [t]he illness benefits being claimed by the complainant are not compensable under the POEA Standard Contract as they occurred after the expiration of the complainants [32] employment contract; that [t]he foreign principal already remitted the payment for the [33] medical expenses of the complainant; and that Guerrero was not personally liable for the complainants alleged claims. [34] [35] On 12 May 2003, Nobel and Guerrero filed a Motion to Implead herein respondent Sea Serve Maritime Agency (respondent Sea Serve) on the ground that respondent ADAMS had already transferred its accreditation to the former as evidenced by [36] executed by one Josephine A. Jocson the Affidavit of Assumption of Responsibility 1/28/2016 1:07 PM

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