6/14/2021

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SECOND DIVISION
[ G.R. No. 244437, September 14, 2020 ]
HEIRS OF AMADEO ALEX G. PAJARES, AS SUBSTITUTED BY
CRISTITA S. PAJARES AND/OR CHRISTOPHERLEX S. PAJARES
AND/OR ANABELLE S. PAJARES AND/OR JAYSON S. PAJARES
AND/OR JONAH S. PAJARES AND/OR AMADEO ALEX S. PAJARES,
PETITIONERS, VS. NORTH SEA MARINE SERVICES CORPORATION,
V. SHIPS LEISURE S.A.M. 'LES INDUSTRIES,' AND/OR EDWIN T.
FRANCISCO, RESPONDENTS.
DECISION
DELOS SANTOS, J.:
This is a Petition for Review on Certiorari[1] filed under Rule 45 of the Rules of Court
assailing the Decision[2] dated November 16, 2018 and the Resolution[3] dated January
23, 2019 of the Court of Appeals (CA) in CA-G.R. SP No. 155044, which affirmed with
modifications the October 30, 2017 Decision[4] of the Office of the Panel of Voluntary
Arbitrators (Panel of VAs) in the complaint for payment of total and permanent
disability benefits filed by Amadeo Alex G Pajares (Amadeo) against North Sea Marine
Services Corporation (North Sea), its foreign principal V. Ships Leisure S.A.M. 'Les
Industries,' and Edwin T. Francisco (collectively, respondents).
The Facts
Amadeo signed a shipboard employment contract[5] with North Sea to serve as a Suite
Attendant on board the vessel Silver Whisper, a cruise line, with a basic monthly salary
of US$477.00 for six (6) months.[6]
As a Suite Attendant, Amadeo's responsibilities include the care and upkeep of the
cabins, room and messenger services, laundry services, and laundry pick-up and
delivery.[7] The heirs of Amadeo, namely: Cristita S. Pajares,[8] Amadeo's wife; and
their children, (2) Christopherlex S. Pajares, (3) Anabelle S. Pajares, (4) Jayson S.
Pajares, (5) Jonah S. Pajares, and (6) Amadeo Alex S. Pajares (collectively, petitioners)
alleged that the housekeeping and cleaning of cabins and bathrooms in cruise lines are
similar to five-star hotels, which require the use of strong chemicals to make sure that
the room and bathrooms are clean. Thus, Amadeo was exposed daily to the noxious
chemicals of the cleaning agents as part of his work. One day, Amadeo suffered severe
nose bleeding so he sought the help of the ship's nursing station. When his condition
persisted, he was sent to Aleris Hamlet Private Hospital when the vessel docked in
Copenhagen. Amadeo underwent a series of tests and he was eventually declared unfit
for sea duties and was thereafter repatriated.[9]
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