6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly On August 25, 2006, Gazzingan filed a Complaint[12] for non-payment or under payment of salaries/wages, sickness allowance, disability benefits and reimbursement of medical expenses and attorney’s fees. Petitioners disclaimed Gazzingan’s entitlement to his claims by arguing that his medical condition is pre-existing for which no compensation is warranted under the POEA-SEC. They alleged that the ECG test conducted during his PEME confirmed that his illness was brought about by a physiological abnormality from birth. This, coupled with Gazzingan’s admission of being a smoker,[13] proved that his illness is not work-related. Besides, Gazzingan’s work could not have in any way contributed to the development of his condition because his work as a messman created no risk to produce such. Petitioners further pointed out that they shouldered Gazzingan’s medical expenses; however, when Dr. Banaga declared his condition as not work-related and therefore not compensable, their obligation to provide medical assistance ceased. Petitioners explained that under the POEA-SEC, the company-designated physician is the one mandated to assess the medical condition of a seafarer upon medical repatriation. Gazzingan, on the other hand, disputed Dr. Banaga’s declaration for being self-serving and for lack of basis. He asseverated that his illness is not congenital but was caused by hypertension which was not immediately detected for being asymptomatic. He emphasized that during the previous deployments abroad, he was declared fit for sea duties therefore, his illness could not be pre-existing. Gazzingan attributed his sickness to his work as a messman which entailed waking up very early in the morning, lifting heavy stocks/supplies and serving the crew members on board, and being on-call for the arrival of supplies. Thus, Gazzingan invoked his right to compensation for his ailment which he claimed to be work-connected. In a Decision[14] dated September 18, 2007, the Labor Arbiter opined that although the cause of or the risk of contracting aortic dissection is uncertain, this uncertainty does not, however, eliminate the probability that such illness is work-connected. And since actual proof of causation is not necessary to justify compensability and it is enough that the nature of the seafarer’s work had contributed even in a small degree to the development of the disease, as in this case, the Labor Arbiter granted Gazzingan’s claims, thus: WHEREFORE, premises considered, judgment is hereby rendered ordering the [petitioners] to pay jointly and solidarily, [Gazzingan] his total permanent disability benefits in the amount of US$50,000.00 and his sickness allowance of US$1,300.00, in Philippine currency, at the rate of exchange prevailing at the time of payment. [Petitioners] are likewise ordered to pay [Gazzingan] attorney’s fees equivalent to 10% of the total monetary awards. All other claims are dismissed. SO ORDERED.[15] elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60638 3/14