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SC rules cancer compensable work-related illness in seaman's case

MANILA - The Supreme Court (SC) has upheld the claim of a seafarer's widow that lung cancer is a compensable work-related illness in the case of her husband. In a 19-page resolution uploaded online on March 21, the SC's First Division affirmed the 2016 decision of the Court of Appeals ordering MOT Barko Manila Inc. and Mitsubishi Ore Transport Co. Inc. to pay Nerissa V. Delamide the amount of US$65,528 (around PHP3.4 million) in total and permanent disability benefits and sickness allowance and PHP577,938 as reimbursement for medical and transportation expenses and attorney's fees. The CA ruling had set aside the May 31, 2015 decision of the National Labor Relations Commission (NLRC) and instead reinstated the March 25, 2015 decision of the labor arbiter granting his claim for these benefits. Nerissa substituted for his husband Rolando Delamide in the suit following his death due to cancer in 2016, while the case was pending. The SC upheld the CA's findings that as a sh ....

Nerissav Delamide , Rolando Delamide , Supreme Court , National Labor Relations Commission , Mitsubishi Ore Transport Co , Barko Manila Inc , Sc First Division , Mitsubishi Ore Transport , Mitsubishi Ore Transporte , Manila The Supreme Court Sc Has Upheld Claim Ofa Seafarer 39s Widow That Lung Cancer Isa Compensable Work Related Illness In Case Of Her Husband Ina 19 Page Resolution Uploaded Online On March 21 , He Sc 39s First Division Affirmed The 2016 Decision Of Court Appeals Ordering Mot Barko Manila Inc And Mitsubishi Ore Transport Co To Pay Nerissav Delamide Amount Us 65 , 528 Around Php3 4 Million In Total And Permanent Disability Benefits Sickness Allowance Php577 , 938 As Reimbursement For Medical And Transportation Expenses Attorney 39s Fees The Ca Ruling Had Set Aside May 31 , 015 Decision Of The National Labor Relations Commission Nlrc And Instead Reinstated March 25 , 015 Decision Of The Labor Arbiter Granting His Claim For These Benefits Nerissa Substituted Husband Rolando Delamide In Suit Following Death Due To Cancer 2016 , Hile The Case Was Pending Sc Upheld Ca 39s Findings That Asa Ship Engineer , Olando Had Been Exposed To Carcinogens Quot It Is Highly Probable That His Constant Exposure Hazardous Chemicals , Nd Substances Inside The Engine Room Have Caused , R At The Very Least Contributed Even Toa Small Degree To His Lung Cancer , Uot The Sc Said Also Noted That Labor Arbiter Held Rolando 39s Lung Cancer Is Work Related And Gave Credence To Medical Certificate Of His Doctor He Was Exposed Asbestos Inhalation For Several Years In Engine Room , Hich Isa Highly Cancerous Substance The Seafarer Was Hired By Mot Barko For Its Foreign Principal Mitsubishi Ore Transporte As First Engineer On Board Vessel , V Dalo Austral When He Suffered Back Injuries In May 2013 While At Work The Port Of Singapore , Rompting Him To Be Repatriated For Medical Attention In September 2013 , Ot Barko Instructed Him To Undergo Pre Employment Medical Examination For His Redeployment Buta Ct Scan Showed Pulmonary Chest Nodules Subsequent Tests Later Revealed That He Has Metastatic Adenocarcinoma Or Cancer Of The Lungs Then Underwent Surgery Injured Spine And Also Six Cycles Chemotherapy Following Mot Mitsubishi 39s Refusal Pay Disability Benefits , Olando Fileda Complaint Against Them For The Payment Of His Disability Pna ,