4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly The petitioners opposed the work-relation argument of respondent in light of a contrary finding made by the company-designated oncologist that NPC was caused by genetic factors; and that full and expensive medical assistance had been generously extended, on top of the medical attention provided to respondent. The Labor Arbiter’s Decision On May 7, 2008, the LA rendered a decision awarding respondent the sum of US$60,000.00 as total disability benefits, plus 10% thereof as attorney’s fees. It ruled that there existed a causal relationship between respondent’s cancer and his diet on board the vessel; and that the petitioners failed to overcome the presumption of the work-relatedness of respondent’s disease. The LA disposed as follows: WHEREFORE, all foregoing premises considered, judgment is hereby rendered finding complainant ELENO A. BABOL to have suffered work-related illness resulting to [sic] his total permanent disability and thus ordering respondents ABOITIZ JEBSENS MARITIME, INC., HAPAG-LLOYD AKTIENGESELL SCHAFT and ESTANISLAO SANTIAGO to jointly and severally pay him the amount of US$60,000.00 plus Ten Percent (10%) thereof as Attorney’s Fees or in the total amount of US$66,000.00 or its Philippine Peso equivalent at the time of actual payment. All other claims are dismissed for lack of merit. SO ORDERED.[5] The NLRC Ruling On appeal, the NLRC, in its October 27, 2009 Decision, affirmed the LA ruling but deleted the award for attorney’s fees. It held that the petitioners failed to substantially disprove the disputable presumption of workrelation under the Philippine Overseas Employment Administration Standard Employment Contract (POEASEC). It further noted that respondent, being a seafarer, had no choice but to eat the food prepared by the kitchen staff and correlatively his diet was limited to salt-cured foods such as salted fish, dried meat, salted egg, frozen meat, and other preserved goods, all of which allegedly increased the risk of contracting NPC. The dispositive portion of its decision reads: WHEREFORE, the Decision of the Labor Arbiter is AFFIRMED with MODIFICATION in that the award of attorney’s fees is DELETED. SO ORDERED.[6] Both parties moved for reconsideration. On March 26, 2010, the NLRC issued a resolution[7] denying it. Via a petition for certiorari under Rule 65 of the Rules of Court filed before the CA, the petitioners argued that the NLRC committed grave abuse of discretion in ruling for respondent. The CA’s Decision On May 15, 2012, the CA dismissed the petition. Echoing the findings of the NLRC and the LA, it held that the nature and circumstances of respondent's work caused his illness or at least aggravated any pre-existing condition he might have, hence compensable.[8] It gave weight to the findings of the NLRC and the LA that the risk factors as relayed by the company-designated physician were attendant in respondent’s case, such as: (1) his diet while on board which was high in salt-cured fish and preserved foods; (2) and his exposure to toxic materials, smoke, and diesel fumes while working for the petitioners in various capacities for almost two decades. Having found a link between respondent’s working conditions and the disease, it concluded that the claims deserved merit in accordance with this Court’s ruling in Magsaysay Maritime Corporation v. National Labor Relations Commission[9] where it was recognized as sufficient, in order to successfully claim the benefits under the contract, that the work has been proven as contributory, even in a small degree, to the development of a worker's disease. Unfazed with the adverse ruling, the petitioners moved for reconsideration. In its resolution, dated October 8, 2012, the CA denied the said motion for reconsideration. Hence, this petition. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56454 2/8

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