The award is payable in Philippine peso at the rate of exchange prevailing at the time of payment.Īggrieved, petitioners filed an appeal with the NLRC contending that, contrary to the claims of respondents that Padrones died of tuberculosis, he, in fact, died of lung cancer. to pay the complainants heirs of Peter Padrones, jointly and solidarity the sum of US$65,000.00 equivalent to death benefits under the POEA Standard Employment Contract, and attorney's fees to ten percent (10%) of the award as well as dismissing the prayer for damages for lack of merit. WHEREFORE, premises considered, judgment is hereby rendered directing respondents Wallem Maritime Services, Inc. The dispositive portion of the LA's Decision reads: chanRoblesvirtualLawlibrary On October 30, 2003, the Labor Arbiter ( LA) handling the case rendered judgment in favor of herein respondents.
In their Position Paper, 6 respondents alleged that Padrones' death is compensable because the cause of such death was aggravated by tuberculosis, an illness which he acquired during the existence of his contract. 4 Thereafter, or on July 18, 2001, herein respondents, filed with the National Labor Relations Commission ( NLRC) a Complaint 5 against herein petitioners for recovery of death benefits, exemplary and moral damages, child allowance, burial expenses and attorney's fees arising from the death of Padrones. On April 25, 2001, Padrones died of cardio-respiratory arrest brought about by complications of lung cancer. 3 He finished his contract and was repatriated to the Philippines after completion thereof. Peter Padrones ( Padrones) was employed as a "motorman" by petitioners on board the vessel M/V "Spirit" from Decemto November 23, 1999. The factual and procedural antecedents of the case are as follows: Before the Court is a petition for review on certiorari assailing the Decision 1 and Resolution 2 of the Court of Appeals ( CA), dated Augand May 19, 2008, respectively, in CA-G.R.
0 kommentar(er)
