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FIL-STAR MARITIME CORPORATION v. HANZIEL O. ROSETE

This case has been cited 5 times or more.

2014-11-12
PERLAS-BERNABE, J.
And in Fil-Star Maritime Corporation v. Rosete:[58]
2013-12-04
MENDOZA, J.
In this case, it is undisputed that NPC afflicted respondent while on board the petitioners' vessel. As a non-occupational disease, it has the disputable presumption of being work-related.  This presumption obviously works in the seafarer's favor.[16] Hence, unless contrary evidence is presented by the employers, the work-relatedness of the disease must be sustained.[17]
2013-06-05
REYES, J.
At any rate, even in the absence of an official finding by the company-designated physician or the respondent's own physician, he is deemed to have suffered permanent total disability pursuant to the following guidelines in Fil-Star Maritime Corporation v. Rosete, [45] thus: Permanent disability is inability of a worker to perform his job for more than 120 days, regardless of whether or not he loses the use of any part of his body.
2013-03-20
MENDOZA, J.
The POEA-SEC, as provided under Department Order No. 4, series of 2000 of the Department of Labor and Employment, which contains the Standard Terms and Conditions Governing The Employment of Filipino Seafarers On-Board Ocean-Going Vessels, governs the employment contract between Laurel and the petitioners. POEA came out with it pursuant to its mandate under Executive Order (E.O.) No. 247[23] to "secure the best terms and conditions of employment of Filipino contract workers and ensure compliance therewith" and to "promote and protect the well-being of Filipino workers overseas."[24] Section 20-B of the POEA-SEC enumerates the duties of an employer to his employee who suffers work-related disease or injury during the term of his employment contract, to quote: Section 20 (B)
2013-03-20
MENDOZA, J.
Although the employer is not the insurer of the health of his employees, he takes them as he finds them and assumes the risk of liability.[43] The quantum of evidence required in labor cases to determine the liability of an employer for the illness suffered by an employee under the POEA-SEC is not proof beyond reasonable doubt but mere substantial evidence or "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion."[44] In this case, the Court finds that the decisions of both the NLRC and the CA that Laurel's illness was compensable were supported by substantial evidence.