5/19/2021
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1. The seafarer's work must involve the risks described herein;
2. The disease was contracted as a result of the seafarer's exposure to
the described risks;
3. The disease was contracted within a period of exposure and under such
other factors necessary to contract it; and
4. There was no notorious negligence on the part of the seafarer.
It further provides for the conditions before a cardiovascular disease may be deemed
compensable, viz.:
11. Cardio-vascular events - to include heart attack, chest pain (angina),
heart failure or sudden death. Any of the following conditions must be met:
a. If the heart disease was known to have been present during
employment, there must be proof that an acute exacerbation was
clearly precipitated by an unusual strain by reasons of the nature of his
work
b. the strain of work that brings about an acute attack must be sufficient
severity and must be followed within 24 hours by the clinical signs of a
cardiac insult to constitute causal relationship
c. If a person who was apparently asymptomatic before being subjected
to strain at work showed signs and symptoms of cardiac injury during
the performance of his work and such symptoms and signs persisted, it
is reasonable to claim a causal relationship
d. if a person is a known hypertensive or diabetic, he should show
compliance with prescribed maintenance medications and
doctor-recommended lifestyle changes. The employer shall
provide a workplace conducive for such compliance in
accordance with Section 1(A) paragraph 5.
e. in a patient not known to have hypertension or diabetes, as indicated
on his last PEME. (Emphasis added)
As stated, petitioner knew he was previously diagnosed with and treated for
hypertension and diabetes. His case therefore falls under paragraph (d) above.
Petitioner, however, failed to show his compliance with the prescribed maintenance
medications and doctor-recommended lifestyle changes.
As for diabetes, GSIS v. Valenciano[60] explains that diabetes mellitus is acquired
through the mechanism of inheritance. It is an endocrine and familial disease
characterized by metabolic abnormalities remotely caused by environmental and
occupational conditions. In sum, diabetes is not work- related, hence, not compensable.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66467
11/17