6/14/2021 E-Library - Information At Your Fingertips: Printer Friendly 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] https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66644 1/7

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