6/14/2021 E-Library - Information At Your Fingertips: Printer Friendly THIRD DIVISION [ G.R. No. 201580, September 21, 2020 ] ALCID C. BALBARINO (NOW DECEASED), SUBSTITUTED BY HIS SURVIVING SIBLINGS ALBERT, ANALIZA, AND ALLAN, ALL SURNAMED BALBARINO, PETITIONERS, VS. PACIFIC OCEAN MANNING, INC., AND WORLDWIDE CREW, INC., RESPONDENT. DECISION GAERLAN, J.: The Philippine Overseas Employment Administration-Securities and Exchange Commission (POEA-SEC) enumerates the liabilities of the employer in case the seafarer suffers a work-related illness or injury on-board the ocean-going vessel. It ensures a proper balance between two things – the proper compensation of a seafarer, and the protection of the employer against any unjustified payment. This resolves the Petition for Review on Certiorari[1] under Rule 45 of the Rules of Court filed by petitioners Albert, Analiza, and Allan, all surnamed Balbarino, on behalf of Alcid C. Balbarino (Alcid), praying for the reversal of the September 22, 2011 Decision[2] and April 19, 2012 Resolution[3] of the Court of Appeals (CA) in CA-G.R. SP No. 116751. The CA reversed the October 8, 2010 Decision[4] of the Panel of Voluntary Arbitrators of the National Conciliation and Mediation Board (NCMB) which awarded disability benefits, sickness allowance, reimbursement for medical expenses and attorney's fees in favor of Alcid. The Antecedents On August 26, 2008, Alcid was re-hired by respondent Worldwide Crew, Inc. (Worldwide), through its local manning agent co-respondent Pacific Ocean Manning[5] as an able seaman on board the vessel M/V Coral Nettuno, a chemical/ gas tanker. This was Alcid's fifth contract with respondents. Under the terms of Alcid's POEA-approved Contract of Employment, the duration of his term shall last for nine months, with a monthly salary of US$563.00.[6] His employment contract had an overriding Collective Bargaining Agreement (CBA) between Associated Marine Officers' and Seamen's Union of the Philippines (AMOSUP) and Worldwide.[7] On October 1, 2008, Alcid was declared fit to work by the company-designated physician[8] and was deployed on-board the M/V Corral Nettuno. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66892 1/23

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