the Vessel named M/V Lady Dona. CAPT. TOLOSA had a monthly compensation of
US$1700, plus US$400.00 monthly overtime allowance. His contract officially began
on November 1, 1992, as supported by his contract of employment when he assumed
command of the vessel in Yokohama, Japan. The vessel departed for Long Beach
California, passing by Hawaii in the middle of the voyage. At the time of
embarkation, CAPT. TOLOSA was allegedly shown to be in good health.
During channeling activities upon the vessels departure from Yokohama sometime on
November 6, 1992, CAPT. TOLOSA was drenched with rainwater. The following
day, November 7, 1992, he had a slight fever and in the succeeding twelve (12) days,
his health rapidly deteriorated resulting in his death on November 18, 1992.
According to Pedro Garate, Chief Mate of the Vessel, in his statement submitted to
the U.S. Coast Guard on November 23, 1992 upon arrival in Long Beach, California
CAPT. TOLOSA experienced high fever between November 11-15, 1992 and
suffered from loose bowel movement (LBM) beginning November 9, 1992. By
November 11, 1992, his temperature was 39.5 although his LBM had slightly
stopped. The next day, his temperature rose to 39.8 and had lost his appetite. In the
evening of that day, November 13, 1992, he slipped in the toilet and suffered
scratches at the back of his waist. First aid was applied and CAPT. TOLOSA was
henceforth confined to his quarters with an able seaman to watch him 24 hours a day
until November 15, 1992, when his conditioned worsened.
On the same day, November 15, 1992, the Chief Engineer initiated the move and
contacted ASIA BULK which left CAPT. TOLOSAs fate in the hands of Pedro
Garate and Mario Asis, Second Mate of the same vessel who was in-charge of the
primary medical care of its officers and crew. Contact with the U.S. Coast Guard in
Honolulu, Hawaii (USCGHH) was likewise initiated to seek medical advice.
On November 17, 1992, CAPT. TOLOSA was losing resistance and his condition was
getting serious. At 2215 GMT, a telex was sent to ASIA BULK requesting for the
immediate evacuation of CAPT. TOLOSA and thereafter an airlift was set on
November 19, 1992. However, on November 18, 1992, at 0753 GMT, CAPT.
TOLOSA was officially recorded as having breathed his last.
Because of the death of CAPT. TOLOSA, his wife, EVELYN, as petitioner, filed a
Complaint/Position Paper before the POEA (POEA Case No. 93-06-1080) against
Qwana-Kaiun, thru its resident-agent, Mr. Fumio Nakagawa, ASIA BULK, Pedro
Garate and Mario Asis, as respondents.
After initial hearings and submissions of pleadings, the case was however transferred
to the Department of Labor and Employment, National Labor Relations Commission