NLRC when it denied their claim for death benefits. The appellate court granted
the petition, ruling that compensability under the Standard Contract should be
understood to cover an illness which led to the death of a seafarer occurring
during the term of the employment contract, and should not be limited to
death occuring during the term of his employment. It held that while the exact
cause of cancer was still unknown, it is a disease which is not contracted and
developed overnight but rather progresses in different stages. Thus, there was a
likelihood that the disease was contracted by the deceased while he was onboard
one of petitioners ships.[9] The Court of Appeals ordered:
x x x Accordingly, the private respondent is ordered to pay the
petitioners the amount FIFTY THOUSAND DOLLARS (US$50,000), SEVEN
THOUSAND DOLLARS (US$7,000), for each of the two minor children and
ONE THOUSAND DOLLARS (US$1,000) as burial allowance, pursuant to
Section 20(A) of the POEA-prescribed Standard Employment Contract.
SO ORDERED.[10]
Petitioner sought a reconsideration of the decision, but its motion was denied
by the Court of Appeals.[11]
Petitioner now claims that it is erroneous on the part of the Court of Appeals to
reverse the decision of the NLRC because the same is supported by substantial
evidence contained in the records of the case. Moreover, the Labor Arbiter and
the NLRC concur in their factual findings upon which both based their similar
conclusions. In addition, petitioner argues that the Standard Contract provides
death benefits only to beneficiaries of seafarers who die during the term of the
contract. Thus the heirs are not entitled to death benefits because the deceased
died more than one and a half years after completion of the contract. It claims
that the statements about the deceaseds condition during the term of his contract
(i.e., bouts of painful urination) are hearsay, being based merely on what the
deceased told his wife. Besides, the deceased failed to inform his superiors
about the pain he was suffering from while aboard the ship, thus, he was not
properly diagnosed and appropriately treated. Moreover, the fit to work
declaration in the deceaseds Pre-employment Medical Examination (PEME) is
not a conclusion that he was free from any ailment prior to his deployment, the
PEME not being exploratory in nature. Finally, petitioner claims that Allas
heirs failed to adduce any evidence that the risk of contracting bladder cancer
was increased by his working conditions.[12]