8/26/2020 E-Library - Information At Your Fingertips: Printer Friendly that Timoteo was a heavy smoker and that his cigarette smoking was the only cause of his lung cancer.[17] Still aggrieved, petitioners filed a motion for reconsideration which was denied via a Resolution[18] dated October 19, 2011. Hence, this petition. Issues The issues raised by petitioners are the following: 1. Whether the death caused by lung cancer after the employment contract had terminated is compensable; 2. Whether the award of medical reimbursement is proper; and 3. Whether damages and attorney's fees are proper. Ruling of the Court The death of Timoteo due to lung cancer was proven to be workrelated Contrary to what petitioners wanted this Court to believe, Timoteo was not able to finish his four-month contract because he was medically repatriated only two months into the same. There was sufficient proof of the fact that Timoteo arrived in the Philippines on July 12, 2007 and proceeded to the hospital for a check up on July 14, 2007. While Timoteo died after the supposed completion of his employment contract, nevertheless, such death was a result of his lung cancer which was substantially proven by respondents to be work-related. According to Section 20-B of the POEA-SEC: In case of work-related death of the seafarer, during the term of his contract, the employer shall pay his beneficiaries the Philippine currency equivalent to the amount of Fifty Thousand US dollars (US$50,000) and an additional amount of Seven Thousand US dollars (US$7,000) to each child under the age of twenty-one (21) but not exceeding four (4) children, at the exchange rate prevailing during the time of payment. In Heirs of Marceliano N. Olorvida, Jr., et al. v. BSM Crew Service Centre Philippines, Inc., et al.,[19] the Court ruled that: https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65354 3/8

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