G.R. No. 233674. January 10, 2018

SECOND DIVISION: [G.R. No. 233674, January 10, 2018] J-PHIL MARINE INC., KBM MARINE SVCS., WLL AND/OR EULASIO C. CANDAVA V. JHUN RYAN R. CANUT, ET AL.

After a judicious study of the case, the Court resolves to DENY the instant petition and AFFIRM the June 1, 2017 and August 18, 2017 Resolutions[1] of the Court of Appeals (CA) in CA-G.R. SP No. 150126 for failure of petitioners J-Phil Marine Inc., KBM Marine Svcs., WLL, and/or Eulalio C. Candava (petitioners) to sufficiently show that the CA committed any reversible error in denying due course to their petition and finding that the National Labor Relations Commission (NLRC) did not gravely abuse its discretion when it granted death benefits to Jhun Ryan R. Canut's (Jhun) heirs (respondents).

As correctly ruled by the CA, the NLRC's finding that Jhun's death was work-related and compensable is supported by substantial evidence. Section 32-A[2] of the 2010 Philippine Overseas Employment Administration-Standard Employment Contract provides that a cardio-vascular event, such as sudden death, is an occupational disease and is compensable when the patient is not known to have hypertension or diabetes, as indicated in his last Pre-Employment Medical Examination (PEME). In this case, Jhun's PEME showed no signs of hypertension or diabetes and even certified him to be fit for sea duty before he boarded the ship. Furthermore, the vessel master's sworn affidavit indicated that Jhun's intense physical exhaustion on October 21, 2014 at work may have contributed to the cardiac arrest that caused his death the next day. Finally, jurisprudence has acknowledged that a seafarer's exposure to different climates and unpredictable weather could trigger a heart attack or heart failure. Hence, Jhun's death due to cardio-respiratory arrest during the term of his contract entitles respondents to death benefits.

Moreover, the CA also correctly denied due course to the petition before it for failure of petitioners to indicate the parties' respective addresses, as required under Section 3, Rule 46 of the Rules of Court.

SO ORDERED. (J. REYES, JR., on leave)

[1]Rollo, pp. 32-43 and 46-47, respectively. Penned by Associate Justice Celia C. Librea-Leagogo with Associate Justices Amy C. Lazaro-Javier and Maria Elisa Sempio-Diy concurring.

[2] Section 32-A. Occupational Diseases
x x x x
11. Cardio-vascular events - to include heart attack, chest pain (angina), heart failure or sudden death. Any of the following conditions must be met:
xxxx
c. if a person who was apparently asymptomatic before being subjected to strain at work showed signs and symptoms of cardiac injury during the performance of his work and such symptoms and signs persisted, it is reasonable to claim a causal relationship.
xxxx
e. in a patient not known to have hypertension or diabetes, as indicated on (sic) his last PEME.

Popular Posts