resolutions affirmed the Labor Arbiter’s decision granting respondent Rommel
M. Cedol (respondent) disability benefits and attorney’s fees in the amounts of
US$60,000.00 and US$6,000.00, respectively.
ANTECEDENT FACTS
On July 14, 2004, the respondent entered into a seven-month contract of
employment with petitioner Magsaysay Maritime Corporation (Magsaysay
Maritime) for its foreign principal, Cruise Ships Catering and Services
International N.V. (Cruise Ships); he was employed as an assistant housekeeping
manager on board the vessel Costa Mediterranea with a basic monthly salary of
US$482.00. The respondent submitted himself to the required Pre-Employment
Medical Examination (PEME), and was pronounced fit to work. He boarded the
vessel Costa Mediterranea on July 19, 2004.
Prior to the execution of this employment contract, the respondent had
previously worked as housekeeping cleaner and assistant housekeeping manager
on board the petitioners’ other vessels from 2000 to 2004.[4]
In November 2004, the respondent felt pain in his lower right quadrant. He
was brought to and conferred at the AndreasConstantinou Medical Center in
Cyprus for consultation. On January 18, 2005, he underwent a procedure
called exploratorylaparotomy which revealed a massive tumor in the terminal
ileum and in the ascending colon near the hepatic flexture. On the same day, the
respondent underwent a surgical procedure called right hemicolectomy with end to
end ilectransverse anastomosis.[5]The Histopathology Report showed the
following findings:
CONCLUSION
The appearances are consistent with a malignant lymphoid infiltration of
the ileum and the mesenteric lymph nodes.
The appearances are consistent [with] the interstinal lymphoma of small
and large sized lymphoid cells.