Eduardo’s wife, Lydia, and US$15,000.00 death benefits to each of their three children.   The NLRC held that LA de Vera erred in concluding that Eduardo’s illness was pre-existing based on (1) the result of the HIV test conducted by the National Reference Testing Center for HIV Testing, and (2) Griffiths’ report. It did not consider the HIV test result as competent evidence of a pre-existing HIV condition, as it did not mention Eduardo’s name, nor did it particularly state that an HIV test was conducted on Eduardo. The NLRC noted that the respondents failed to corroborate their allegation that Eduardo deliberately shopped for agencies that required a PEME without HIV testing. Similarly, the NLRC declared Griffiths’ report without evidentiary value as it was unsigned.   The NLRC further ruled that Eduardo’s illness was aggravated by his employment. As First Engineer, Eduardo monitored the ship’s engine on a daily basis; he was responsible for its mechanical propulsion, maintenance, and operation. He also supervised welding job orders. In undertaking these tasks, he was exposed to various engine toxics and deleterious residues and substances such as metallic iron, oxides, asbestos and carbon monoxides.   The respondents moved for the reconsideration of this resolution, but the NLRC dismissed their motion in its resolution of March 12, 2007.14[14] 14[14] Supra note 5.

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