G. R. No. 179177
7 of 29
http://sc.judiciary.gov.ph/jurisprudence/2009/july2009/179177.htm
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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
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