1/4/2021 E-Library - Information At Your Fingertips: Printer Friendly To establish a causal connection between gouty arthritis and respondent's work, it was claimed that the meals onboard the ship might have caused, or at least aggravated respondent's illness. However, petitioners countered that the provisions of food for the vessel at the time respondent was onboard thereto actually consisted of a combination of fresh and frozen foods, including vegetables and fruits. In addition thereto, the company-designated physician categorically stated that respondent's condition is not work-related. It should be noted that the findings of company-designated physicians are accorded great weight and credence.[30] Moreover, it was an established fact that respondent was only 37 years old when he was diagnosed with gouty arthritis. It was only his second year of being a seafarer and his first contract with petitioners when such diagnosis was given. According to statistics, gout is more prevalent in older men.[31] Considering respondent's age at the time of diagnosis and the fact that he was only in his second year of being a seafarer, it is less probable that his condition was work-related. In labor cases, a party in whose favor the legal presumption exists may rely on and invoke such legal presumption to establish a fact in issue. However, when substantial evidence of greater weight is presented to overcome the prima facie case, it will be decided in favor of the one who has presented the evidence against the presumption. The following circumstances namely: (1) relatively young age of respondent; (2) the fact that it was only his second year as a seafarer; (3) that it was only his first employment contract with petitioners; (4) the certifications by Dr. Lim and Dr. CruzBalbon that respondent's illness is not work-related; and (5) the list of food provisions for the vessel consisting of fresh and frozen foods, when taken together, sufficiently overcome the disputable presumption that gouty arthritis is work-related. Hence, respondent's illness is not compensable under the POEA-SEC. WHEREFORE, the instant petition is GRANTED. The Decision dated May 26, 2015 and Resolution dated September 16, 2015 of the Court of Appeals in CA-G.R. SP No. 133415 are hereby REVERSED and SET ASIDE. The Decision dated August 30, 2013 of the National Labor Relations Commission in NLRC NCR Case No. (M) 02-01860-13 and NLRC LAC No. (OFW-M) 07-000681-13 is REINSTATED. SO ORDERED. Bersamin, C. J., (Chairperson), Perlas-Bernabe, Jardeleza, and Gesmundo, JJ., concur. [1] Rollo, pp. 75-96. [2] Penned by Associate Justice Marlene Gonzales-Sison, with Associate Justices Remedios A. Salazar-Fernando and Ramon A. Cruz, concurring; id. at 105-116. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65498 4/6

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