G.R. No. 179226 , June 29, 2015
MA. SUSANA A. AWATIN, and on behalf of the heirs/beneficiaries of deceased ALBERTO AWATIN, Petitioners, vs. AVANTGARDE SHIPPING CORPORATION and MRS. DORA G. PASCUAL, OFFSHORE MARITIME MANAGEMENT INT’L., INC. (SWITZERLAND), SEABULK TREASURE ISLAND, Respondents.

FACTS

Alberto B. Awatin was hired as Master for the vessel M/V Seabulk Treasure Island by respondent Avantgarde Shipping Corporation under a six-month contract starting January 16, 2001. He was declared “fit to work” in a pre-employment medical examination. Awatin completed his contract and was repatriated on July 29, 2001. After repatriation, he underwent medical check-ups and was diagnosed with “Massive Ascitis, Secondary to Adenocarcinoma” and other conditions. He was later declared “unfit to work” in a subsequent pre-employment medical examination on September 10, 2001. Awatin was hospitalized multiple times and died on July 12, 2002, due to “multi-organ failure and adenocarcinoma.” Petitioners, Awatin’s heirs, filed a complaint before the NLRC for death benefits, burial allowance, sickness allowance, reimbursement of medical expenses, and damages. The Labor Arbiter ruled in favor of petitioners, but the NLRC reversed the decision, finding no substantial evidence that Awatin’s illness was work-related or contracted during his employment. The Court of Appeals affirmed the NLRC’s decision.

ISSUE

Whether the heirs of Alberto Awatin are entitled to death benefits and other claims under the POEA Standard Employment Contract, considering that his illness and death occurred after the term of his employment contract and were not proven to be work-related.

RULING

The Supreme Court denied the petition and affirmed the decisions of the NLRC and Court of Appeals. The Court held that for a seafarer’s death to be compensable under Section 20(A) of the POEA Standard Employment Contract, the death must occur during the term of the employment contract. The determination of whether the death resulted from a work-related illness becomes necessary only if this condition is satisfied. In this case, Awatin completed his contract, was repatriated, and died almost a year after his employment ended. The Court found no substantial evidence that his illness (adenocarcinoma) was contracted during his employment or was work-related. While the POEA contract is construed liberally in favor of seafarers, claims cannot be based on surmises. The factual findings of the NLRC and CA, supported by substantial evidence, are accorded finality. Thus, petitioners’ claims for death benefits and other compensation were properly denied.