ANTECEDENT FACTS
On February 16, 1999, Eduardo S. Escarcha (Eduardo) entered into a oneyear contract of employment with Leonis Navigation Company, Inc. and World
Marine Panama, S.A. (collectively, the respondents). He was employed as a First
Engineer on board the M.V. Diamond Glory with a basic monthly salary of
US$950.00.7[7] Eduardo submitted himself to the required Pre-Employment
Medical Examination (PEME), and was pronounced fit to work by the companydesignated physician.8[8] He boarded the M.V. Diamond Glory on March 11, 1999.
Sometime in April 1999 (or roughly a month after coming on board),
Eduardo became ill while M.V. Diamond Glory was on its way to New Orleans.
On May 3, 1999, Eduardo was brought to the Touro Infirmary when M.V.
Diamond Glory docked at the port of New Orleans. Eduardo was found to be
suffering from serious febrile illness. He was also declared “unfit for regular duty”
and “unfit to travel.”9[9]
7[7] Id. at 71.
8[8] Id. at 70.
9[9] Id. at 72.