In its Resolution of 30 June 1997 the NLRC held in part. On appeal the NLRC sustained the Labor Arbiter. On 24 September 1996 the Labor Arbiter 5 rendered a decision in favor of private respondent ordering petitioners to pay complainant, for herself and in her capacity as guardian of her two (2) minor children, as follows: US$50,000.00 as death benefits US$14,000.00 as children's allowances and US$1,000.00 as burial expenses. After Faustino Inductivo died his complaint was amended by private respondent to include death benefits. Consequently, at the instance of Faustino Inductivo, private respondent filed an affidavit-complaint against petitioners for the payment of sickness and insurance benefits. Petitioners however informed her that her husband was not entitled to sickness benefits because he was not sick at the time he was "offsigned" from the vessel he was "offsigned" from the vessel on "mutual consent" and not on medical grounds and since he failed to advise or notify petitioners in writing within seventy-two (72) hours of his alleged sickness, his right to claim sickness benefits was deemed forfeited. She also inquired about his sickness benefits as he was then very sick. 4īefore Faustino Inductivo's death, or sometime in February 1994, herein private respondent Elizabeth Inductivo went to petitioners to claim the balance of her husband's leave wages. He succumbed to his illness on 23 April 1994 and the autopsy report showed as cause of death disseminated intravascular coagulations, septecalmia, pulmonary congestion and multiple intestinal obstruction secondary to multiple adhesions. For insufficiency of medical facilities, however, he was transferred to the Makati Medical Center where his doctor finally abandoned all hopes for his recovery as his disease was already in its advanced stage. Alfredo Sales, his attending physician, found on examination the presence of water in his lungs causing shortness of breath. Two (2) days thereafter, Faustino Inductivo returned to the hospital, this time at the De Ocampo Memorial Medical Center. His doctor advised him to undergo biopsy treatment, but since he was scared he requested to go on medication at home instead. As his condition worsened, Faustino Inductivo was rushed to the Lung Center of the Philippines where a mass was found on his right lung and another on his right neck. The clinical diagnosis was pneumonities, bilateral. On 19 January 1994, two (2) days after his arrival in the Philippines, he was hospitalized at the Yamsuan Medical Clinic in Gapan, Nueva Ecija, after complaining of occasional coughing and chest pains. His Seaman's Book 2 and Wages Account 3 indicated that the cause of the discharge was "mutual consent, on completion of 8 months and 5 days." Accordingly, he disembarked in Hong Kong, travelled to Manila alone and then returned to his hometown in Nueva Ecija. Barely two (2) months before the expiration of his employment contract, or on 17 January 1994, he was discharged from the vessel. Faustino Inductivo, who was advised of the takeover, opted to remain on the vessel and to continue his employment under the manning agency of WALLEM SERVICES. (WALLEM SERVICES) took over as WALLEM MANAGEMENT's manning and crewing agent in the Philippines. In November 1993 Wallem Maritime Services, Inc. So, on, he was told to board as he did the "MT Rowan." As was the standard procedure, Faustino Inductivo underwent pre-employment medical examination and was found by his employer's doctors to be physically fit for work. The employment contract of Faustino Inductivo was good for ten (10) months with a compensation of US$360.00 monthly basic salary, US$201.00 fixed monthly overtime pay, and a monthly vacation leave with pay for six (6) days. (WALLEM MANAGEMENT), hired Faustino Inductivo as utilityman for "MT Rowan," a vessel owned and operated by WALLEM MANAGEMENT, a Hongkong based shipping company. Inc., as manning and crewing agent in the Philippines of Wallem Ship Management Ltd. in this petition for certiorari assail for having been rendered with grave abuse of discretion the 30 June 1997 Resolution of the National Labor Relations Commission dismissing their appeal for lack of merit, as well as its 29 August 1997 Resolution denying reconsideration thereof. NATIONAL LABOR RELATIONS COMMISSION and ELIZABETH INDUCTIVO, respondents. WALLEM MARITIME SERVICES, INC., and WALLEM SHIP MANAGEMENT, LTD., petitioners,