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employment, the above-mentioned rule should squarely apply. Perforce, the
present claim for death benefits should be granted.[66] (Citations omitted)
As elucidated in Canuel, the foregoing liberal approach was applied in Inter-Orient
Maritime, Incorporated v. Candava,[67] Interorient Maritime Enterprises, Inc. v. Remo,
[68] and Wallem Maritime Services, Inc. v. NLRC,[69] wherein the Court had previously
allowed the recovery of death benefits even if the seafarers in those cases had died
after repatriation, given that there was proof of a clear causal connection between their
work and the illness which was contracted in the course of employment, and their
eventual death. The converse conclusion was reached in the cases of Gau Sheng Phils.,
Inc. v. Joaquin[70] (Gau Sheng), Spouses Aya-ay, Sr. v. Arpaphil Shipping Corp.[71]
(Spouses Aya-ay, Sr.), Hermogenes v. Osco Shipping Services, Inc.,[72] Prudential
Shipping and Management Corp. v. Sta. Rita[73] (Prudential), and Ortega v. CA[74]
(Ortega), since the element of work-relatedness had not been established. All in all, the
sense gathered from these cases, as pointed out in Canuel, is that it is crucial to
determine whether the death of the deceased was reasonably connected with his work,
or whether the working conditions increased the risk of contracting the disease that
resulted in the seafarer’s death. If the injury or illness is the proximate cause, or at
least increased the risk of his death for which compensation is sought, recovery may be
had for said death, or for that matter, for the injury or illness. Thus, in Seagull
Shipmanagement and Trans., Inc. v. NLRC,[75] the Court significantly observed that:
Even assuming that the ailment of the worker was contracted prior to his
employment, this still would not deprive him of compensation benefits. For
what matters is that his work had contributed, even in a small
degree, to the development of the disease and in bringing about his
eventual death. Neither is it necessary, in order to recover compensation,
that the employee must have been in perfect health at the time he
contracted the disease. A worker brings with him possible infirmities in the
course of his employment, and while the employer is not the insurer of the
health of the employees, he takes them as he finds them and assumes the
risk of liability. If the disease is the proximate cause of the employee’s
death for which compensation is sought, the previous physical
condition of the employee is unimportant, and recovery may be had
for said death, independently of any pre-existing disease. [76]
(Emphases and underscoring supplied; citations omitted)
Employing the same spirit of liberality as fleshed out in Canuel, the Court finds that it
would be highly inequitable and even repugnant to the State’s policy on labor to deny
petitioner’s claim for death benefits for the mere technicality triggered by Rodolfo’s
prior medical repatriation. As it has been clearly established that Rodolfo had been
suffering from a work-related illness during the term of his employment that caused his
medical repatriation and, ultimately, his death on March 2, 2008, it is but proper to
consider the same as a compensable work-related death despite it having occurred
after his repatriation. To echo Canuel, “it is enough that the seafarer’s work-related
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