FIRST DIVISION
[G.R. No. 239619. August 15, 2018.]
HEIRS OF RICARDO ABELLA III, REPRESENTED BY HIS WIFE MRS. BUENA CONSTANTINO-ABELLA, petitioners,vs. C.F. SHARP CREW MANAGEMENT, INC., NORWEGIAN CRUISE LINE, AND JUAN JOSE P. ROCHA, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedAugust 15, 2018which reads as follows: HTcADC
"G.R. No. 239619 (Heirs of Ricardo Abella III, represented by his wife Mrs. Buena Constantino-Abella v. C.F. Sharp Crew Management, Inc., Norwegian Cruise Line, and Juan Jose P. Rocha). — The petitioners' motion for an extension of thirty (30) days within which to file a petition for review on certiorari is GRANTED, counted from the expiration of the reglementary period.
After review, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in dismissing the appeal of petitioner.
As correctly ruled by the CA, petitioners failed to establish the requisites of compensability provided under Section 32-A of the 2010 Philippine Overseas Employment Administration-Standard Employment Contract (POEA-SEC). Specifically, petitioners failed to prove that the illness of Ricardo Abella III (Ricardo) resulted from, or was aggravated by, the tasks done by the latter during his employment on board the vessel. In De Leon v. Maunlad Trans, Inc., 1 we explained that while for illnesses not mentioned under Section 32, the POEA-SEC creates a disputable presumption in favor of the seafarer that these illnesses are work-related, the claimant-seafarer must still prove by substantial evidence that his work conditions caused or, at least, increased the risk of contracting the disease. Here, petitioners failed to prove that Ricardo's diet provisions on board the vessel caused his illness. Moreover, petitioners failed to prove that Ricardo's work as a tailor involved lifting of heavy equipment and exposure to harmful chemicals which could have caused his illness.
WHEREFORE, the petition is DENIED. The Decision dated September 11, 2017 and Resolution dated May 24, 2018 of the Court of Appeals in CA-G.R. SP No. 143667 are AFFIRMED. aScITE
SO ORDERED." Peralta, J., designated as Acting Chairperson of the First Division per Special Order No. 2582 (Revised) dated August 8, 2018; Gesmundo, J., designated as Acting Member per Special Order No. 2560 dated May 11, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court
Footnotes
1. G.R. No. 215293, February 8, 2017, 817 SCRA 263.