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absence of evidence and is contradicted by the evidence on record.[68]
(Citations omitted)
For this Court to review the facts of the case, these exceptions must be alleged,
substantiated, and proved by the parties.[69]
While petitioner concedes that his Petition raises questions of fact, he alleges that it
falls under several exceptions. Petitioner alleges that: (1) the Court of Appeals
committed grave abuse of discretion in the appreciation of facts; (2) its judgment is
premised on a misapprehension of facts; and (3) the findings of fact are conclusions
without citation of the specific evidence.
After a careful review of the Court of Appeals' ruling and petitioner's assignment of
errors, this Court finds that the review should be granted.
II
A disability is compensable under the POEA Standard Employment Contract if two (2)
elements are present: (1) the injury or illness must be work-related; and (2) the injury
or illness must have existed during the term of the seafarer's employment contract.
Hence, a claimant must establish the causal connection between the work and the
illness or injury sustained.[70]
The 2010 POEA Standard Employment Contract[71] defines "work-related injury" as
injury "arising out of and in the course of employment." Thus, a seafarer has to prove
that his injury was linked to his work and was acquired during the term of employment
to support his claim for sickness allowance and disability benefits.[72]
Unlike the 1996 POEA Standard Employment Contract, in which it was sufficient that
the seafarer suffered injury or illness during his employment, the 2000 and 2010 POEA
Standard Employment Contracts require that the disability must be the result of a
work-related injury or illness.[73]
To be deemed "work-related," there must be a reasonable linkage between the disease
or injury suffered by the employee and his work.[74]
Thus, for a disability to be compensable, it is not required that the seafarer's nature of
employment was the singular cause of the disability he or she suffered.[75] It is
sufficient that there is a reasonable linkage between the disease or injury suffered by
the seafarer and his or her work to conclude that the work may have contributed to
establishment or, at least, aggravate any preexisting condition the seafarer might have
had.[76]
In Sy v. Philippine Transmarine Carriers, Inc.,[77] the phrase "arising out of and in the
course of employment" refers to the cause and character of the injury and the
circumstances under which the injury or accident took place:
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65333
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