E-Library - Information At Your Fingertips: Printer Friendly 12/19/21, 1:33 PM 678 Phil. 938 THIRD DIVISION [ G.R. No. 191491, December 14, 2011 ] JEBSENS MARITIME INC., REPRESENTED BY MS. ARLENE ASUNCION AND/OR ALLIANCE MARINE SERVICES, LTD., PETITIONERS, VS. ENRIQUE UNDAG, RESPONDENT. DECISION MENDOZA, J.: This petition for review assails the September 16, 2009 Decision[1] and the March 3, 2010 Resolution[2] of the Court of Appeals (CA), which set aside the October 17, 2005 and January 24, 2006 Resolutions of the National Labor Relations Commission (NLRC), dismissing the complaint of respondent Enrique Undag (respondent) for disability benefits. Records bear out that respondent was hired as Lead Operator on board the vessel FPSO Jamestown owned by Alliance Marine Services, Ltd. and managed by its local agent, Jebsens Maritime, Inc. (petitioners). Respondent’s contract with petitioners was for a period of four (4) months with a basic salary of US$806.00 a month. He was deployed on March 24, 2003 and eventually repatriated to the Philippines on July 18, 2003 after his contract with the petitioners had expired. On September 24, 2003, about two months after repatriation, he went to see a physician, Dr. Efren Vicaldo (Dr. Vicaldo), for a physical check-up and was diagnosed to have “Hypertensive cardiovascular disease, Atrial Fibrillation, Diabetes Mellitus II, Impediment Grade X (20.15%).” According to Dr. Vicaldo, respondent had a history of hypertension and diabetes and was at risk of developing a stroke, coronary artery disease and congestive heart failure. He likewise stated that respondent’s ailment was aggravated by his work as a seaman and that he was no longer fit for work. For said reason, respondent requested for financial assistance from petitioners but the latter denied his request. Constrained, he filed a complaint for sickness benefits against petitioners before the NLRC, alleging that he had been suffering from chest pains and difficulty of breathing since July 2003 when he was on board petitioners’ vessel. Despite knowing his bad physical condition upon repatriation, the petitioners did not give him any financial assistance. Thus, he prayed that petitioners be ordered to reimburse him for his medical expenses and pay him sickness allowance amounting to US$3,224.00, including damages and attorney’s fees. Petitioners countered that respondent was not entitled to disability benefits because his repatriation was not due to medical reasons but due to the expiration of his employment contract. Petitioners basically argued that, under the POEA Standard Employment Contract (POEA-SEC), a seafarer was entitled to disability benefits only if he had suffered a work-related illness during the term of his contract. On June 30, 2005, after due hearing, the Labor Arbiter (LA) rendered a decision ordering petitioners to pay, jointly and severally, respondent the Philippine peso equivalent of US$60,000.00 representing total permanent disability compensation benefits for US$3,224.00 sickness allowance, and 10% attorney’s fees. On appeal, however, the NLRC reversed the LA decision and denied respondent’s claim for disability benefits. The NLRC reasoned out that respondent failed to present https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/38828 Page 1 of 8