5/19/2021

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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

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