4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly In view of the conflicting findings of the two doctors on the causal connection between respondent’s illness and work, the parties pursued grievance machinery under the Total Crew Cost-International Maritime Employers Committee-Collective Bargaining Agreement (TCC-IMEC CBA). Their conferences, however, yielded no settlement. This prompted the respondent to commence the herein complaint for the payment of full disability benefits, damages, and attorney’s fees before the LA. The respondent claimed that his illness is compensable because it manifested during his employment aboard the petitioners’ vessel. He further averred that it was triggered by his exposure to strong detergent soap and chemicals which he used in washing the dishes, laundry and ship decks. Upon the other hand, the petitioners denied liability on the basis of Dr. Alegre’s declaration that it is not a work-related ailment and psoriasis is not an occupational disease under the 2000 Philippine Overseas Employment Administration-Standard Employment Contract for Seafarers (POEA-SEC). Ruling of the LA In its Decision[12] dated April 14, 2008, LA Romelita N. Rioflorido adjudged the respondent’s illness to be reasonably connected to his work and thus compensable. The LA explained, thus: Our own research confirms that [respondent’s] illness can be reasonably related to his work as steward. Not every everyone [sic] who has the gene mutations gets psoriasis and there are several forms of psoriasis that people can develop. Certain environmental triggers play a role in causing psoriasis in people who have these gene mutations. Also, psychological stress has long been understood as a trigger for psoriasis flares, but scientists are still unclear about exactly how this occurs. Studies do show that not only can a sudden, stressful event trigger a rash to worsen[;] daily hassles of life can also trigger a flare. In addition, one study showed that people who are categorized as “huge worriers” were almost two times less likely to respond to treatment compared to “low worriers”. (//dermatology.about.com/od/psoriasisbasics/a/psorcause.htm). Sometime[s] even mild injuries to the skin such as abrasions can trigger psoriasis flares. This is called koebner phenomenon. (www.psoriasiscafe.org/psoriasis-cause.htm). There is nothing in the record to show that [respondent’s] illness was caused by genetic predisposition or drug reaction. Having ruled out these causes, what remains is the environmental factor such as [respondent’s] constant exposure to strong laundry detergent powder and fabric conditioner, chemicals and the stress and strain which are present in his work.[13] The LA further reasoned that in disability compensation, it is not the injury which is compensated but rather the incapacity to work resulting in the impairment of one’s earning capacity. Obviously, the respondent’s continued employment is deleterious to elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56025 3/13