5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly follows: a. The employer shall pay the deceased's beneficiary all outstanding obligations due the seafarer under this Contract. b. The employer shall transport the remains and personal effects of the seafarer to the Philippines at employer's expense except if the death occurred in a port where local government laws or regulations do not permit the transport of such remains. In case death occurs at sea, the disposition of the remains shall be handled or dealt with in accordance with the master's best judgment. In all cases, the employer/master shall communicate with the manning agency to advise for disposition of seafarer's remains. c. The employer shall pay the beneficiaries of the seafarer the Philippines currency equivalent to the amount of One Thousand US dollars (US$1,000) for burial expenses at the exchange rate prevailing during the time of payment. (Emphasis supplied) Applying the above rule, the Court established that in order for the beneficiaries of a seafarer to be entitled to death compensation from the employer, it must be proven that the death of the seafarer (1) is work-related; and (2) occurred during the term of his contract[16] A. Buenaflor's Illness and Resulting Death are Work-Related Work-related death refers to death which results from a work-related injury or illness. [17] A work-related illness, on the other hand, pertains to any sickness resulting to disability or death as a result of an occupational disease listed under Section 32-A of the POEA-SEC, which are compensable if the conditions stated therein are satisfied.[18] This, however, does not mean that only those listed in Section 32-A are compensable. Under Section 20(A)(4) of the POEA-SEC, those illnesses not listed in Section 32-A are disputably presumed as work-related. A disputable presumption has been defined as a specie of evidence that may be accepted and acted on when there is no other evidence to uphold the contention for which it stands, or one which may be overcome by other evidence.[19] Moreover, Section 3, Rule 131, of the Rules of Court states that a disputable presumption is satisfactory if uncontradicted and not overcome by other evidence. In the case of Spouses Surtida v. Rural Bank of Malinao (Albay), Inc.,[20] we explained the effects of disputable presumption as follows: https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66498 7/12

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