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5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly 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 https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66703 1/9

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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,

Jurisprudence

Case number: G.R. No. 237373

Division: PH Supreme Court Second Division

Date of decision: Jul 29, 2020

Year of decision: 2020

Nature of the case: Claim for work-related illness.

MRO Case Type

Claim of compensation and benefits
Disabilities
Liabilities of the employer when the seafarer suffers injury or illness during the term of his/her contract
Requirements for compensability

Summary of outcome: By the time that Martinez filed his labor complaint on the 154th dayfrom his repatriation, his illness is already deemed total and permanent. Coupled withthe presumption that a seafarer's injury or illness during the term of his employmentcontract is work-related, which remained unrebutted by the incomplete and uncertain 26 June 2014 medical report of the company-designated doctor, Martinez certainly has a cause of action against OSG and Pacific Ocean Manning when he filed his complaint.

Observatory: Migrant Workers Rights

Ponente: DELOS SANTOS, J.:

Geolocation 1

Latitude: 85.95667157712973

Longitude: 0.15527343749982633

: Geolocation 1

Primary Documents

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_June.pdf
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