8/26/2020 E-Library - Information At Your Fingertips: Printer Friendly SECOND DIVISION [ G.R. No. 213874, June 19, 2019 ] JEBSENS MARITIME, INC. AND/OR STAR CLIPPERS, LTD., PETITIONERS, V. EDGARDO M. MIRASOL, RESPONDENT. DECISION CAGUIOA, J: Before the Court is a petition for review on certiorari[1] (Petition) under Rule 45 of the Rules of Court assailing the Decision[2] dated May 12, 2014 and Resolution[3] dated August 14, 2014 of the Court of Appeals (CA) in CA-G.R. SP No. 133037. The CA Decision granted the petition for certiorari and annulled the Resolutions dated June 28, 2013[4] and September 30, 2013[5] of the National Labor Relations Commission (NLRC) in NLRC NCR Case No. OFW (M) 11-16383-12; NLRC LAC No. (OFW-M) 03-000279-13, and awarded to respondent permanent and total disability benefits, sickness allowance, and attorney's fees. Facts The factual antecedents as found by the CA, are as follows: A Complaint dated 08 November 2012 was filed by complainant Edgardo Malate Mirasol against respondents Jebsens Maritime, Inc., Star Clippers Ltd., and/or Maria Theresa Lunzaga for total and permanent disability benefits, moral and exemplary damages, four months basic wages, and attorney's fees. In his Position Paper dated 17 December 2012, complainant [(respondent herein)] alleged, inter alia, that: he is entitled to total permanent disability benefits of US$60,000.00 under the POEA Standard Employment Contract; his illness is work-related as it was sustained in the course of his duties; said illness was not pre-existing since he underwent the mandatory preemployment medical examination before he was employed by the respondents, and was found to be fit and given a clean bill of health; the law does not require that a seafarer be totally paralyzed in order to claim total permanent disability benefits; he is entitled to moral and exemplary damages, and attorney's fees; respondents [(petitioners herein)] must be ordered to pay moral damages in the amount of Php500,000.00; in addition to his sickness/loss of right testicle, he also suffered serious anxiety, sleepless nights, wounded feelings and loss of appetite; respondents must likewise be ordered to pay him exemplary damages of Php500,000.00; and since it was respondents' act of refusing to pay his disability benefits which https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65293 1/8

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