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All other claims are DISMISSED for lack of merit.
SO ORDERED.[3]
Private respondents appealed to the NLRC which reversed and set aside the findings of
the Labor Arbiter. The NLRC ruled as follows:[4]
Records show that the evidence submitted by complainant in support of her
claim for death benefits consist of medical results and medical certificates.
Except for the chest x-ray conducted on May 5, 1998, the rest of the
examinations conducted on complainant were done after he was repatriated
on July 29, 2001. Further, the results of the examinations and the certificate
issued merely speaks of medical finding of Awatin's lung problem. There
were no showing that his lung cancer has reasonable connection with the
nature of his work. It is to be noted that Awatin was employed by
respondents as master of their vessel. And, according to complainant, as
Master of the vessel the latest of which was the “Seabulk Treasure Island,”
her husband oversees the general control, operation and management of the
vessel which was used for delivering the supplies needed by respondents'
customers in the oil rigs which consist of high grade industrial pipes and
drilling equipment. Complainant claims that the exposure of her husband to
the toxic residues of oil and industrial equipment aggravated his lung cancer.
Such claim of complainant deserves scant consideration. Besides being
hearsay, not a single evidence was submitted by complainant to buttress
such claim.
In fine, considering that the disease for which Awatin died is not workrelated, complainant's claim for death benefits must fail.
WHEREFORE, premises considered, the Decision dated May 30, 2003 is
hereby SET ASIDE and a new one entered dismissing the instant complaint
for lack of merit.
SO ORDERED.
The motion for reconsideration was denied by the NLRC in its Resolution dated January
31, 2006.[5] Hence, petitioner filed a petition for certiorari under Rule 65 with the CA
and in its decision[6] dated March 21, 2007, the CA dismissed the case and affirmed the
decision of the NLRC. The dispositive portion of the decision reads:
WHEREFORE, premises considered, the instant petition is DISMISSED. The
assailed Decision of the NLRC dated October 28, 2005 and its Resolution
dated January 31, 2006 in NLRC NCR CA No. 036686-03 are hereby
AFFIRMED.
SO ORDERED.
The CA, in a Resolution[7] dated on August 3, 2007, denied petitioners' motion for
reconsideration. Hence, the present petition.
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