overtime pay of US$2.01 per hour and a monthly vacation leave with pay of 4
days.[3] In his pre-employment medical examination, he was found fit for sea duty,
although his electrocardiogram (ECG) report revealed a mild left axis deviation.[4]
Virgilio boarded ship on May 20, 1999.[5] He became ill while on board.
On March
3,
2000,
the
Marine
Medical
Unit
at New
Orleans, Louisiana, USA diagnosed him to be suffering from umbilical hernia. The
attending physician advised Virgilio to avoid tasks involving heavy lifting and to
undergo surgical repair.[6] He was later repatriated.
Upon his arrival in Manila on March 8, 2000, Virgilio was immediately
referred to the company-designated physicians at the Metropolitan Hospital for
further evaluation and management. He was found positive of peri-umbilical
mass[7] due to the presence of ascites.[8] On March 24, 2000, Virgilio was subjected
to umbilical herniorrhapy[9] (surgical repair), ultrasound of the upper
abdomen[10] and aspiration of ascitic fluid.[11] The ultrasound done on the day of the
operation further revealed that Virgilio had liver cirrhosis with a possible
regenerating nodule,[12] for which he was given medication.[13] Five days later, or
on March 29, 2000, he was discharged from the hospital.[14] All medical and
hospitalization expenses for the herniorrhapy were shouldered by petitioners.
On June 20, 2000, after several post-operation check-ups, Virgilio signed a
Certificate of Fitness for Work[15] where he released his employer and the manning
company from all actions, claims and liabilities.[16] ZSIL and PSMC later paid his
sick wages.[17]
Almost eight (8) months later, on February 13, 2001, Virgilio was brought to the
Philippine General Hospital (PGH). His HBT ultrasonography (of the liver and
gallbladder) revealed massive ascites, liver cirrhosis, thickening of the gallbladder
wall (probably reactive) and splenomegaly, while his chest ultrasonography
revealed left massive pleural effusion.[18] On electrocardiogram, he was discovered
to have sinus tachycardia and left axis deviation.[19] His roentgenological report
further revealed an atherosclerotic aorta which confirmed the earlier finding of
pleural effusion.[20] On March 13, 2001, he was confined at the PGH for acidosis
secondary to liver cirrhosis probably secondary to alcoholic liver disease;
hepatocellular carcinoma and left pleural effusion, probably malignant.[21] Virgilio
died on March 18, 2001. The immediate cause of death was cardiopulmonary