applicants and whether they are medically, psychologically and mentally fit. The moment it has
chosen an applicant it is deemed to have subjected its applicant to the required pre-qualification
standard. Thus, the respondent cannot now claim that complainants sickness was pre-existing
and concealed from it. Further, the defense of the respondent that the disease of the complainant
is not connected or related to his work does not deserve merit. The nature of the job of the
complainant, as an oiler, is to clean the engine. Complainant was assigned to get in through the
manhole to clean the engine taking with him containers in which the mud and waste oil shall be
placed and carrying them out of the manhole for disposal. This is the regular job of the
complainant resulting in Disc Herniation as diagnosed by the physician. Moreover, even granting
for the sake of argument that the sickness is not work related, still the complainant is entitled to
disability benefits provided the disease occurred during the effectivity of the contract because the
Standard Contract for seamen approved by the POEA does not qualify whether the sickness is
work related or not.xix[19]
In sum, the instant petition fails to show that the NLRC has committed grave abuse of discretion
to warrant the reversal of its decision of 21 February 1996 and its resolution of 19 April 1996.
The injury sustained by Homicillada is compensable the same having resulted from the rigors of
carrying heavy canisters in a crouching position which logically strained his lower back that lead
to his slipped-disc.
Migrant workers are the modern-day heroes of our time. Quite often they find themselves
laboring in the scorching heat and the freezing cold in foreign lands. Their woes often remain
unheard, their tears unnoticed. It is time that the arms of justice reach out to them workers and
cradle them gently in her bosom.
WHEREFORE, the petition is DISMISSED. The assailed decision and resolution of public
respondent National Labor Relations Commissions dated 21 February 1996 and 19 April 1996,
respectively, ordering petitioners More Maritime Agencies, Inc., Ocean Bulk Maritime and
Alpha Insurance and Surety Co., Inc. jointly and severally to pay private respondent Sergio F.
Homicillada the sum of US$7,465.00 at the exchange rate in Philippine Peso prevailing at the
time of actual payment are AFFIRMED. Costs against petitioners.
SO ORDERED.
Puno, Mendoza, and Quisumbing, JJ., concur.
Buena, J., on leave.
i[1] Decision penned by Presiding Commissioner Bartolome S. Carale, concurred in by
Commissioners Vicente S.E. Veloso and Alberto R. Quimpo, NLRC-NCR-CA No. 009825-95.