6/7/2020
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In Andrada v. Agemar Manning Agency, Inc., et al.,[21] this Court held that:
Jurisprudence is replete with pronouncements that it is the companydesignated physician who is entrusted with the task of assessing the
seaman's disability, whether total or partial, due to either injury or illness,
during the term of the latter's employment. It is his findings and evaluations
which should form the basis of the seafarer's disability claim. His
assessment, however, is not automatically final, binding or conclusive on the
claimant, the labor tribunal or the courts, as its inherent merits would still
have to be weighed and duly considered. The seafarer may dispute such
assessment by seasonably exercising his prerogative to seek a second
opinion and consult a doctor of his choice. In case of disagreement between
the findings of the company-designated physician and the seafarer's doctor
of choice, the employer and the seaman may agree jointly to refer the latter
to a third doctor whose decision shall be final and binding on them.[22]
In the present case, there is no evidence to show that the parties jointly sought the
opinion of a third physician in the determination and assessment of Ernesto's disability
or the absence of it. Hence, the credibility of the findings of their respective doctors
was properly evaluated by the labor tribunals (LA and NLRC) as well as the CA on the
basis of their inherent merits.
After a review of the records at hand, the Court finds that there is no cogent reason to
depart from the findings of the LA and the NLRC that Ernesto failed to establish that his
subject illnesses were either work-related or work aggravated.
For disability to be compensable under the above POEA-SEC, two elements must
concur: (1) the injury or illness must be work-related; and (2) the work-related injury
or illness must have existed during the term of the seafarer's employment contract.[23]
To be entitled to compensation and benefits under the governing POEA-SEC, it is not
sufficient to establish that the seafarer's illness or injury has rendered him permanently
or partially disabled; it must also be shown that there is a causal connection between
the seafarer's illness or injury and the work for which he had been contracted.[24]
In other words, while the law recognizes that an illness may be disputably presumed to
be work-related, prevailing jurisprudence requires that the seafarer or the claimant
must still show a reasonable connection between the nature of work on board the
vessel and the illness contracted or aggravated.[25] Thus, the burden is placed upon
the claimant to present substantial evidence that his work conditions caused or at least
increased the risk of contracting the disease.[26]
In this case, however, Ernesto was unable to present substantial evidence to show that
his work conditions caused, or at the least increased the risk of contracting his illness.
Neither was he able to prove that his illness was pre-existing and that it was
aggravated by the nature of his employment.
Contrary to the ruling of the CA, there is no evidence to prove that the findings of
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