That the exact and definite cause of petitioner’s illness is unknown cannot be
used to justify grant of disability benefits, absent proof that there is any reasonable
connection between work actually performed by petitioner and his illness.
It bears noting that the company-designated physician of respondent who
monitored petitioner’s condition and treatment for several months categorically
stated that petitioner’s illness is not work-related was controverted by petitioner’s
own physician, however. Section 20 (B) of the POEA Standard Contract provides
that [I]f a doctor appointed by the seafarer disagrees with the assessment, a third
doctor may be agreed jointly between the employer and the seafarer. The third
doctor’s decision shall be final and binding on both parties.
This procedure
however was not availed of by the parties.
While the Court adheres to the principle of liberality in favor of the seafarer
in construing the POEA Standard Contract, it cannot allow claims for
compensation based on surmises. When the evidence presented then negates
compensability, the claim must fail, lest it causes injustice to the employer.30[30]
WHEREFORE, the petition is DENIED.
SO ORDERED.
30[30] Ibid.