8/20/2020 E-Library - Information At Your Fingertips: Printer Friendly The Labor Arbiter, in his Decision,[15] dismissed Teodolah's complaint for lack of merit. He ruled that Eduardo's death is not compensable because it occurred after the expiration of his employment contract. The Labor Arbiter further reasoned that even assuming Eduardo died during the term of the contract, it was not clearly and sufficiently established that the cause of death was work-related or considered an occupational disease.[16] Upon appeal, the NLRC affirmed the Labor Arbiter's Decision, noting that Teodolah would be entitled to death benefits only if Eduardo died during the term of his employment contract.[17] Since Eduardo died one (1) year, five (5) months, and twenty-three (23) days after the expiration of the contract, the employer-employee relationship already ceased to exist prior to his death; thus, Teodolah cannot be granted death benefits.[18] The NLRC likewise denied the motion for reconsideration filed by Teodolah.[19] In its Decision[20] dated December 22, 2011, the CA reversed the ruling of the NLRC. It held that a perusal of the record reveals that Teodolah was able to present substantial evidence to show her entitlement to death benefits. First, Eduardo's series of employment contracts with Baltic Marine covered a total lengthy period of almost 10 years. Second, on March 19, 2001, March 27, 2001, July 19, 2001, July 30, 2001, October 8, 2001, December 3, 2001, November 4, 2003, March 7, 2005, October 7, 2006, January 12, 2007, and January 26, 2007, Eduardo consulted at the Lung Center of the Philippines where he was diagnosed with allergic rhinitis, bronchial asthma, sinusitis, and bronchitis. Third, Eduardo, as a Second Officer (formerly Third Officer) on board the vessel, was exposed to toxic fumes, chemicals, and such other hazards which contributed to his lung illness. Fourth, the immediate cause of Eduardo's death was "Acute Respiratory Failure" and the antecedent cause was "Prob. Sec. to Pulmonary Thromboembolism."[21] The CA found that Eduardo acquired bronchial asthma, an occupational disease under Section 32-A of the 2000 POEA-SEC, within the period of his service with Baltic Marine. For the CA, there was at least a reasonable connection between Eduardo's job as a Second Officer and his bronchial asthma, which eventually developed into acute respiratory failure. It likewise held that it is of no moment that Eduardo died after the expiration of his last contract, because what is controlling is the fact that he acquired his lung disease while he was still rendering sea services. Such disease was further aggravated by continued exposure to chemicals while on board.[22] The CA held that the NLRC gravely abused its discretion in affirming the Labor Arbiter's dismissal of the complaint considering that there was substantial evidence showing a causal connection between Eduardo's lung illness and his work as a seaman. It thus ordered petitioners to pay Teodolah death benefits and burial expenses in accordance with the 2000 POEASEC.[23] The petitioners filed the instant petition after the CA issued a Resolution denying their motion for reconsideration.[24] They argue that: Teodolah is not entitled to death compensation considering that Eduardo died after the termination of his contract;[25] elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64957 2/9

Select target paragraph3