8/26/2020
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not categorically set aside the fact that exposure to carcinogens may still cause lung
cancer. It was stated that, "Cancer of the lung has a multifactorial pathogenesis that
generally includes genetic predisposition as well as exposure to carcinogens."[25]
As to the allegation that Timoteo was a heavy smoker, petitioners presented a
certification from the master of the vessel that during his nine weeks stay in the vessel,
Timoteo purchased five boxes of cigarettes containing 200 pieces wherein he concluded
that Timoteo smoked about 15 cigarettes a day. The same could not be given much
weight because it could not be concluded with certainty whether he consumed the five
boxes in nine weeks. The fact remains that while cigarette smoking is the leading cause
of lung cancer, other causes are not discounted especially for those exposed to toxic
substances for more than three decades. It bears stressing that the fact that Timoteo's
work condition is a contributing factor to the development of lung cancer, even to a
small degree, cannot be discounted.
The award of medical expenses
is proper, however, there is a need to
recompute the amount actually
expended
Under Section 20-A-2 of the POEA-SEC, "if after repatriation, the seafarer still requires
medical attention arising from said injury or illness, he shall be so provided at cost to
the employer until such time he is declared fit or the degree of his disability has been
established by the company-designated physician."
Petitioners, not having been able to provide the necessary medical attention to
Timoteo, and respondent shouldering the expenses in connection with Timoteo's illness,
the amount of laboratory procedures, hospitalization bills, doctors' professional fees,
medicines and medical apparatus should be reimbursed to respondents.
However, upon checking the receipts[26] presented by respondent, it is proper to
recompute the same, hence, the correct medical expenses to be reimbursed to
respondent should be P309,156.93.
The award of moral damages, exemplary
damages and attorney's fees are proper
As stated by the NLRC in its Decision, "After the check-up, disability benefits (sic) was
not extended to the deceased seaman. This to us (sic) evinced is bad faith on the part
of the respondent."
Bad faith is not simply bad judgment or negligence. "[I]t imports a dishonest purpose
or some moral obliquity and conscious doing of wrong. It means a breach of a known
duty through some motive or interest or ill will that partakes of the nature of fraud."[27]
Verily, since petitioners are in bad faith, the award of moral damages amounting to fifty
thousand pesos (P50,000.00) is proper.
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