Case Digest (G.R. No. 210791)
Facts:
The case involves Daylinda Albarracin as the petitioner against Philippine Transworld Shipping Corp., Unix Lin Pte. Ltd., and Erlindo M. Salvador as respondents. The events leading to the case began when Rex Miguelito Albarracin was hired on September 5, 2006, as a Second Officer on the tanker M/T Eastern Neptune under a Philippine Overseas Employment Agency-Standard Employment Contract (POEA-SEC). His contract was for nine months, with a basic monthly salary of USD 1,000.00 and various allowances. Prior to his employment, Albarracin underwent a pre-employment medical examination (PEME), which revealed abnormal ECG results, yet he was declared fit for sea duty. After completing his contract, he returned to the Philippines on May 22, 2007, and expressed interest in reemployment, undergoing another PEME on July 18, 2007, which indicated he had Hepatitis B and was suspected of having Hepatocellular Carcinoma (HCC). Albarracin died on March 31, 2008, leaving behind his wife, Dayl...
Case Digest (G.R. No. 210791)
Facts:
Employment and Medical Examination:
- Rex Miguelito Albarracin (Albarracin) was hired by Philippine Transworld Shipping Corp. (Transworld) on September 5, 2006, as Second Officer on board the vessel M/T Eastern Neptune under a Philippine Overseas Employment Agency-Standard Employment Contract (POEA-SEC).
- Despite an abnormal pre-employment medical examination (PEME) showing "uninterpretable STT wave changes for ischemia due to left ventricular hypertrophy," Albarracin was declared "fit for sea duty."
Repatriation and Illness:
- Albarracin completed his 9-month contract and returned to the Philippines on May 22, 2007. He underwent another PEME on July 18, 2007, which revealed Hepatitis B and suspected Hepatocellular Carcinoma (HCC).
- Albarracin died on March 31, 2008, leaving behind his wife, Daylinda Albarracin (petitioner), and a minor child.
Claims and Denials:
- The petitioner filed a complaint for death benefits, medical expenses, and attorney’s fees, alleging that Albarracin’s work exposed him to toxic substances, contributing to his illness.
- Respondents denied liability, arguing that Albarracin’s death occurred after his contract expired, his illness was not work-related, and he failed to undergo a post-employment medical examination within three days of disembarkation.
Labor Arbiter and NLRC Decisions:
- The Labor Arbiter dismissed the complaint, ruling that Albarracin’s death was not work-related and occurred after his contract ended.
- The NLRC reversed the Labor Arbiter’s decision, finding that Albarracin’s illness was work-related and compensable under the POEA-SEC.
Court of Appeals Ruling:
- The CA reinstated the Labor Arbiter’s decision, ruling that Albarracin’s HCC was caused by Hepatitis B, which is not work-related, and that the NLRC erred in applying the presumption of compensability.
Issue:
- Whether the Court of Appeals erred in reversing the NLRC’s decision and ruling that Albarracin’s death was not compensable.
- Whether Albarracin’s illness, Hepatocellular Carcinoma (HCC), is work-related and presumed compensable under the POEA-SEC.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)