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751 Phil. 778
SECOND DIVISION
[ G.R. No. 210660, January 21, 2015 ]
FLOR G. DAYO, PETITIONER, VS. STATUS MARITIME CORPORATION
AND/OR NAFTO TRADE SHIPPING COMMERCIAL S.A.,
RESPONDENTS.
DECISION
LEONEN, J.:
This resolves the Petition for Review on Certiorari[1] filed by petitioner Flor G. Dayo,
assailing the Decision[2] of the Court of Appeals in CA-G.R. SP No. 118406. The Court
of Appeals affirmed the Decision of the National Labor Relations Commission, which
reversed the Decision of the Labor Arbiter.[3]
Eduardo P. Dayo (Eduardo) was hired by Status Maritime Corporation for and on behalf
of Nafto Trade Shipping Commercial S.A. He was hired as a bosun on board the “MV
Naftocement 1” for a period of 10 months, with a monthly salary of US$500.00. Prior
to embarkation, he underwent a pre-employment medical examination and was
declared fit to work.[4]
Eduardo embarked on June 8, 2008.[5] On September 5, 2008, he “experienced severe
pain on his hips and both knees, and total body weakness.”[6] He was given medical
attention in Bridgetown, Barbados, where he was diagnosed with hypertension.[7] He
was repatriated on September 7, 2008.[8]
The next day, Eduardo went to Status Maritime Corporation’s office, but he was
informed that it was waiting for Nafto Trade Shipping Commercial S.A.’s notification. He
was also told that he could seek medical attention and that his expenses would be
reimbursed. On September 9, 2008, he went to the Lucena United Doctors Hospital.
Dr. Olitoquit, Eduardo’s private physician, found the results of his 2D echocardiogram as
normal.[9]
Eduardo repeatedly requested for medical assistance, but it was only in November 2008
when he was referred to a company-designated physician.
Dr. Bolanos of the
Metropolitan Hospital diagnosed him with diabetes mellitus.[10]
Status Maritime Corporation stopped giving Eduardo medical assistance in February
2009. He died on June 11, 2009 due to cardiopulmonary arrest. Flor G. Dayo (Flor),
Eduardo’s wife, requested for death benefits to no avail. Thus, she filed a complaint.
[11]
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