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Salvador (Dr. Salvador) of the Manila Doctor's Hospital with the same diagnosis of lung
cancer. On February 26, 2008 and during the pendency of the case, Timoteo died.[9]
For their part, petitioners alleged that while it was true that Timoteo embarked the
vessel as a fitter in May of 2007, nevertheless, he disembarked and signed off due to
the end of his employment term and was not medically repatriated. Timoteo never
consulted with the company-designated physician in compliance with the three-day
mandatory reportorial requirement under the Philippine Overseas Employment
Administration (POEA) Standard Employment Contract (SEC).[10]
Petitioners insisted that it was only several months after disembarkation that Timoteo
filed the complaint. Petitioners asked Timoteo to support his claim of disability but to no
avail. After much probing, it was only in January 2008 that Timoteo agreed to be
checked up by the company-designated physician, Dr. Salvador who confirmed the
earlier diagnosis of Dr. Teo that Timoteo suffered from lung cancer.[11]
Petitioners argued that lung cancer is not work-related, hence, the complaint should be
dismissed.
On May 28, 2008, the LA rendered its Decision[12] dismissing the complaint. The LA
held that Timoteo was not able to establish the essential link between lung cancer and
his employment as a fitter. Moreover, while lung cancer was listed as an occupational
disease, it is compensable only among vinyl chloride workers and plastic workers.
Respondent filed an appeal to the National Labor Relations Commission (NLRC) which
overturned the LA Decision on October 22, 2009 and held petitioners liable to pay
respondent US$50,000.00 as death benefits, US$2,526.00 as sickness allowance,
reimbursement of hospital expenses and ten percent (10%) of the judgment award as
attorney's fees.[13]
Both parties moved for reconsideration, hence, on February 26, 2010, the NLRC issued
a Resolution specifying the medical expenses to be paid to respondent in the amount of
P564,099.15. The NLRC also awarded moral damages amounting to P50,000.00;
exemplary damages amounting to P50,000.00 and ten percent (10%) attorney's fees.
[14]
Aggrieved, petitioners filed a petition for certiorari to the CA.
In its August 25, 2011 Decision,[15] the CA affirmed the Decision and Resolution of the
NLRC except that Estanislao Santiago, Jebsen's former Assistant Vice President cannot
be held personally liable because his employer's obligations and responsibilities are
separate and distinct from the people compromising it.[16]
The CA was convinced that Timoteo was able to prove that he contracted the illness
during the term of his employment with petitioners. It banked on the fact that Timoteo
was exposed to iron dusts, diesel fumes and other toxic substances throughout his
employment. Moreover, the CA opined that petitioners failed to substantiate their claim
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65354
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