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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:
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