This case has been cited 3 times or more.
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2016-02-01 |
BRION, J. |
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| In its decision under review, the CA granted the petition, reversed the NLRC ruling, and reinstated LA Cueto's award. It held that under existing jurisprudence,[8] Cabatay's disability had become permanent total, considering that while he was injured on December 30, 2009, he was still being given medical attention on June 3, 2010, a period of more than 120 days, or a total of 155 days. | |||||
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2014-10-13 |
DEL CASTILLO, J. |
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| In many cases decided in the past, this Court has held that cardiovascular disease, coronary artery disease, and other heart ailments are compensable. Thus, in Fil-Pride Shipping Company, Inc. v. Balasta,[28] severe 3-vessel coronary artery disease which the seaman contracted while serving as Able Seaman was considered an occupational disease. In Villanueva, Sr. v. Baliwag Navigation, Inc.,[29] it was held that the 2000 POEA-SEC considers heart disease as an occupational disease. In Jebsens Maritime, Inc. v. Undag,[30] the Court held that hypertensive cardiovascular disease may be a compensable illness, upon proof. In Oriental Shipmanagement Co., Inc. v. Bastol[31] and Heirs of the late Aniban v. National Labor Relations Commission,[32] it was held that myocardial infarction as a disease or cause of death is compensable, such being occupational. Iloreta v. Philippine Transmarine Carriers, Inc.[33] held that hypertensive cardiovascular disease/coronary artery disease and chronic stable angina are compensable. Micronesia Resources v. Cantomayor[34] stated that a finding of coronary artery disease entitles the claimant a seaman Third Officer to disability compensation. In Remigio v. National Labor Relations Commission,[35] the Court held that the claimant a musician on board an ocean-going vessel was entitled to recover for suffering from coronary artery disease. In Sepulveda v. Employees' Compensation Commission,[36] it was declared that the employee's illness, myocardial infarction, was directly brought about by his employment as schoolteacher or was a result of the nature of such employment. | |||||
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2010-09-29 |
PERALTA, J. |
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| This case involves the propriety of the award of disability compensation under the CBA to respondent, who worked as a seaman in the foreign vessel of petitioner Barber Ship Management Ltd. The award of attorney's fees is justified under Article 2208 (2) of the Civil Code. Even if petitioners did not withhold payment of a smaller disability benefit, respondent was compelled to litigate to be entitled to a higher disability benefit. Moreover, in HFS Philippines, Inc. v. Pilar[42] and Iloreta v. Philippine Transmarine Carriers, Inc.,[43] the Court sustained the NLRC's award of attorney's fees, in addition to disability benefits to which the concerned seamen-claimants were entitled. It is no different in this case wherein respondent has been awarded disability benefit and attorney's fees by the Labor Arbiter and the Court of Appeals. It is only just that respondent be also entitled to the award of attorney's fees. In Iloreta v. Philippine Transmarine Carriers, Inc.,[44] the Court found the amount of US$1,000.00 as reasonable award of attorney's fees. | |||||