8/26/2020 E-Library - Information At Your Fingertips: Printer Friendly have been prevented from working together.[83] Nevertheless, while the labor tribunals and the Court of Appeals ruled that petitioner's injury is work-related, they found that it is not compensable because it was not caused by an accident. They reason that the assault could have been foreseen from the previous altercation between petitioner and Fong. The Court of Appeals even noted that because the assailant's action was only based on human instinct, petitioner should have expected the attack. Since the incident resulted from Fong's criminal assault, it is an intentional felony, not an accident. Hence, it is no longer compensable.[84] Law and jurisprudence do not support these findings. Once petitioner had established that the two (2) elements are present, he is deemed entitled to disability compensation under the POEA Standard Employment Contract. The labor tribunals and the Court of Appeals erroneously imposed a new prerequisite for the disability's compensability — that the injury must be caused by an accident. Respondents' argument that the claim is precluded because the injury is due to the willful acts of another seafarer is also untenable. The POEA Standard Employment Contract disqualifies claims caused by the willful or criminal act or intentional breach of duties done by the claimant, not by the assailant.[85] It is highly unjust to preclude a seafarer's disability claim because of the assailant's willful or criminal act or intentional breach of duty. Between the ship owner/manager and the worker, the former is in a better position to ensure the discipline of its workers. Consequently, the law imposes liabilities on employers so that they are burdened with the costs of harm should they fail to take precautions. In economics, this is called internalization, which attributes the consequences and costs of an activity to the party who causes them.[86] The law intervenes to achieve allocative efficiency between the employer and the seafarer. Allocative efficiency refers to the satisfaction of consumers in a market, which produces the goods that consumers are willing to pay.[87] In cases involving seafarers, the law is enacted to attain allocative efficiency where the occupational hazards are reflected and accounted for in the seafarer's contract and the Philippine Overseas Employment Administration regulations.[88] Petitioner was able to prove that his injury was work-related and that it occurred during the term of his employment. With these two (2) elements established, this Court finds his injury compensable. III The POEA Standard Employment Contract provides a procedure on the medical assessment of the seafarer's injury or illness. Section 20(A)(3) states in part: For this purpose, the seafarer shall submit himself to a post-employment medical examination by a company-designated physician within three https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65333 11/22