5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly as an out-patient and underwent chemotherapy. Meanwhile, on 16 June 2014, the management of MT Overseas Antigmar was transferred to Pacific Ocean Manning, Inc. (Pacific Ocean Maiming) which executed an Affidavit of Assumption of Responsibility in favor of OSG Ship Management, Inc.[5] On 17 November 2014, Martinez filed a complaint for total and permanent disability benefits, payment of sick wages for 130 days, reimbursement of medical and transportation expenses, moral and exemplary damages, and attorney's fees against OSG Ship Management Manila, Inc., OSG Ship Management (GR) Ltd., and Ms. Ma. Cristina H. Garcia (collectively, OSG). Martinez claimed that his illness is work-related since his job is strenuous and stressful; the meals being served are lengthily frozen, salty and fatty; and in some cases, the water is substandard. In its Position Paper, OSG, substituted by Pacific Ocean Manning, alleged that as declared by the company-designated physicians, Martinez' illness is not work-related. As such, the same is not compensable under the Philippine Overseas Employment Administration-Standard Employment Contract (POEA-SEC). Furthermore, Pacific Ocean Manning claimed that Martinez is not entitled to damages and attorney's fees, and that he was given medical assistance and was fully paid of his sickness allowance. On 14 January 2015, Martinez consulted Dr. Efren Vicaldo who declared that Martinez is unfit to resume work as seaman in any capacity and that his illness is work-aggravated or work-related. He submitted the said medical findings to the Labor Arbiter (LA). On the other hand, OSG and Pacific Ocean Manning submitted the Affidavit of Mervin Balane Daet (Daet), a Messman on MT Overseas Antigmar, who attested that the crew on board the said vessel was provided safe and healthful working conditions and adequate and nutritious food. Labor Arbiter Ruling On 7 April 2015, the LA rendered a Decision in favor of Martinez, the dispositive portion of which reads: WHEREFORE, premises considered, complainant's illness is deemed workrelated and is considered to be permanent and total. Pacific Ocean Manning, Inc., OSG Shipmanagement Manila Inc., OSG Shipmanagement Manila, Inc. (sic) are hereby ORDERED to pay complainant a sum of US Dollars $95,949.00 or its peso equivalent at the time of payment, as permanent total disability benefits, a sum of US Dollars $5,240.00, or its peso equivalent as of the time of payment, as sick wage allowance, Php49,218.25 as medical and travel expenses reimbursement. The respondents are also ordered to pay the complainant attorney's fees equivalent to ten percent of the judgment award. SO ORDERED.[6] https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66703 2/9

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