5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly A presumption may operate against an adversary who has not introduced proof to rebut it. The effect of a legal presumption upon a burden of proof is to create the necessity of presenting of evidence unless rebutted. To state it simply, unless overcome by contrary evidence, the disputable presumption stands. In the case of Racelis v. United Philippines Lines Inc.,[21] this Court held that: While it is true that Brainstem (pontine) Cavernous Malformation is not listed as an occupational disease under Section 32-A of the 2000 POEA-SEC, Section 20 (B) (4) of the same explicitly provides that "[t]he liabilities of the employer when the seafarer suffers work-related injury or illness during the term of his contract are as follows: (t)hose illnesses not listed in Section 32 of this Contract are disputably presumed as work related." In other words, the 2000 POEA-SEC "has created a disputable presumption in favor of compensability[,] saying that those illnesses not listed in Section 32 are disputably presumed as work-related. This means that even if the illness is not listed under Section 32-A of the POEA-SEC as an occupational disease or illness, it will still be presumed as work-related, and it becomes incumbent on the employer to overcome the presumption." This presumption should be overturned only when the employer's refutation is found to be supported by substantial evidence, which, as traditionally defined is "such relevant evidence as a reasonable mind might accept as sufficient to support a conclusion." (Emphasis supplied; citations omitted) Similarly, in Phil-Man Marine Agency, Inc. v. Dedace, Jr.,[22] this Court ruled that the disputable presumption under Section 20(A)(4) operates in favor of the employee and the burden rests upon his or her employer to overcome the statutory presumption. As this Court found that petitioners in the said case failed to present sufficient controverting evidence to overthrow the disputable presumption that the seafarer's illness is work-related, the benefits prayed for by the claimant was awarded.[23] Buenaflor, in this case, died of liver cancer, a disease which is not listed under Section 32-A of the POEA-SEC. Under Section 20(A)(4), Buenaflor's illness and his resulting death are work-related. Magsaysay and Masterbulk have the burden to present contrary evidence to overcome this presumption, but failed to do so. The company-designated physician reported that Buenaflor was suffering from liver cancer and opined that this illness is work-related only if he was exposed to chemicals. It bears pointing out that with this opinion, the company-designated physician did not totally cancel out the possibility that Buenaflor's illness is work-related. However, by simply stating his opinion in such manner, and by failing to justify why he made such assessment, this opinion is a bare claim which we must reject. The opinion of the company-designated https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66498 8/12