8/26/2020 E-Library - Information At Your Fingertips: Printer Friendly not categorically set aside the fact that exposure to carcinogens may still cause lung cancer. It was stated that, "Cancer of the lung has a multifactorial pathogenesis that generally includes genetic predisposition as well as exposure to carcinogens."[25] As to the allegation that Timoteo was a heavy smoker, petitioners presented a certification from the master of the vessel that during his nine weeks stay in the vessel, Timoteo purchased five boxes of cigarettes containing 200 pieces wherein he concluded that Timoteo smoked about 15 cigarettes a day. The same could not be given much weight because it could not be concluded with certainty whether he consumed the five boxes in nine weeks. The fact remains that while cigarette smoking is the leading cause of lung cancer, other causes are not discounted especially for those exposed to toxic substances for more than three decades. It bears stressing that the fact that Timoteo's work condition is a contributing factor to the development of lung cancer, even to a small degree, cannot be discounted. The award of medical expenses is proper, however, there is a need to recompute the amount actually expended Under Section 20-A-2 of the POEA-SEC, "if after repatriation, the seafarer still requires medical attention arising from said injury or illness, he shall be so provided at cost to the employer until such time he is declared fit or the degree of his disability has been established by the company-designated physician." Petitioners, not having been able to provide the necessary medical attention to Timoteo, and respondent shouldering the expenses in connection with Timoteo's illness, the amount of laboratory procedures, hospitalization bills, doctors' professional fees, medicines and medical apparatus should be reimbursed to respondents. However, upon checking the receipts[26] presented by respondent, it is proper to recompute the same, hence, the correct medical expenses to be reimbursed to respondent should be P309,156.93. The award of moral damages, exemplary damages and attorney's fees are proper As stated by the NLRC in its Decision, "After the check-up, disability benefits (sic) was not extended to the deceased seaman. This to us (sic) evinced is bad faith on the part of the respondent." Bad faith is not simply bad judgment or negligence. "[I]t imports a dishonest purpose or some moral obliquity and conscious doing of wrong. It means a breach of a known duty through some motive or interest or ill will that partakes of the nature of fraud."[27] Verily, since petitioners are in bad faith, the award of moral damages amounting to fifty thousand pesos (P50,000.00) is proper. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65354 5/8

Select target paragraph3