Friday, July 20, 2012

Seafarer's death benefits - G.R. No. 191563

G.R. No. 191563

"x x x.



 
          From the foregoing, we can thus conclude that at the time of Edwin's death on April 13, 2006 due to GBM, he was still in the employment of the respondents.  While it is true that Article 22.1 of the IBF/AMOSUP/IMMAJ CBA considers a seafarer as terminated when he signs off from the vessel due to sickness, the foregoing is subject to the provisions of Article 29.   Under Article 29, a seafarer remains under the respondents' employ as long as the former is still entitled to medical assistance and sick pay, and provided that the death which eventually occurs is directly attributable to the sickness which caused the seafarer's employment to be terminated.  As discussed above, the company-designated physician, Dr. Cruz, in effect admitted that Edwin was repatriated due to symptoms which a person suffering from GBM normally exhibits.  Further, he recommended to Capt. Millalos Edwin's entitlement to medical assistance and sick pay for a period beyond 130 days from repatriation.  Edwin subsequently died of GBM, the symptoms of which were the cause of his earlier repatriation.  Hence, since Edwin's death is reasonably connected to the cause of his repatriation, within the purview of the IBF/AMOSUP/IMMAJ CBA, he indubitably died while under the respondents' employ, thus, entitling the petitioners to death benefits as provided for in Appendix 3 of the said CBA.

x x x."