5/19/2021

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SECOND DIVISION
[ G.R. No. 237373, July 29, 2020 ]
JOSEPH MARTINEZ, PETITIONER, VS. OSG SHIP MANAGEMENT
MANILA, INC. (SUBSTITUTED BY PACIFIC OCEAN MANNING, INC.),
OSG SHIP MANAGEMENT (GR) LTD., MS. MA. CRISTINA H. GARCIA,
RESPONDENTS.
G.R. NO. 237378
OSG SHIP MANAGEMENT MANILA, INC. (SUBSTITUTED BY PACIFIC
OCEAN MANNING, INC.), OSG SHIP MANAGEMENT (GR) LTD., MS.
MA. CRISTINA H. GARCIA, PETITIONERS, VS. JOSEPH MARTINEZ,
RESPONDENT.
DECISION
DELOS SANTOS, J.:
Before this Court are two consolidated Petitions for Review on Certiorari docketed as
G.R. Nos. 237373[1] and 237378[2] which seek modification and reversal, respectively,
of the Decision[3] dated 17 August 2017, and the Resolution[4] dated 6 February 2018
of the Court of Appeals (CA) in CA-G.R. SP No. 145338. In the assailed Decision and
Resolution, the CA sustained the ruling of the National Labor Relations Commission
(NLRC) that Joseph Martinez (Martinez) is entitled to permanent and total disability
benefits in the amount of $95,949.00 but deleted the award of sick wage allowance,
medical and travel expenses, and attorney's fees.
Facts
Joseph Martinez was engaged by OSG Ship Management Manila, Inc., in behalf of its
principal OSG Ship Management (GR) Ltd., as Chief Cook on board the vessel MT
Overseas Antigmar for eight (8) months. He boarded the vessel on 5 December 2013.
During the first week of June 2014, Martinez complained of severe abdominal pain. He
was referred to a doctor in Seoul, Korea and was diagnosed with Obstructed
Descending Colon Cancer. He was repatriated on 16 June 2014 and was brought to
Cardinal Santos Medical Center and at Marine Medical Services. After undergoing
several medical procedures, Martinez was diagnosed to have Intestinal Obstruction
Secondary to Well Differentiated Mucinous Adenocarcinoma, Descending Colon with
Periocolic Involvement. In a medical report dated 26 June 2014, the companydesignated doctors explained that the risk factors of Martinez' condition include age,
diet rich in saturated fat, fatty acid and linoleic acid and genetic predisposition. They
then opined that Martinez' illness is "likely not work-related". Martinez was then treated
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