6/14/2021
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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.
Records do not show that any of these conditions were met. Utanes failed to present
sufficient evidence to show how his working conditions contributed to or aggravated his
illness. The general statements in his Position Paper — u[i]n the performance of
Complainant's principal duty and responsibility, he was always exposed to the harsh
condition and the perils at sea. He was also under severe stress while being away from
his family and suffering from over fatigue while doing his duties and responsibilities on
board the vessel due to long hours of work" — were not validated by any written
document or other proof given. Neither was any expert medical opinion presented
regarding the cause of his condition.
In Ventis Maritime Corporation v. Salenga,[29] we emphasized that to be entitled to
disability benefits for an occupation illness listed under Section 32-A of the POEA-SEC,
a seafarer must show compliance with the following conditions:
1.
The seafarer's work must involve the risk described therein;
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.
We further enunciated:
In effect, the table of illnesses and the corresponding nature of
employment in Section 32-A only provide the list of occupational
illnesses. It does not exempt a seafarer from providing proof of
the conditions under the first paragraph of Section 32-A in order
for the occupational illness/es complained of to be considered as
work-related and, therefore, compensable.
Further, x x x to determine the amount of compensation, the
seafarer must show the resulting disability following as guide the
schedule listed in Section 32.
xxxx
More
importantly,
the
rule
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66745
applies
that
whoever
claims
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