8/20/2020 E-Library - Information At Your Fingertips: Printer Friendly d. if a person is a known hypertensive or diabetic, he should show compliance with prescribed maintenance medications and doctorrecommended 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 Petitioner, known to be hypertensive, was required under Section 32- A(11)(d) to prove that he complied with the "prescribed maintenance medications and doctorrecommended lifestyle changes." Likewise, the employer is required to "provide a workplace conducive for such compliance[.]" In reversing the labor tribunals' rulings, the Court of Appeals held that petitioner failed to prove the causal connection between his heart disease and work aboard the vessel as Chief Mate. It noted that petitioner's valvular heart disease was mostly a result of poor lifestyle choices and health habits. Hence, it was not indicative of workrelatedness.[66] The Court of Appeals is mistaken. Petitioner took medication to normalize his high blood pressure,[67] but the working conditions and mandatory diet aboard the vessel made it difficult and nearly impossible for him to maintain a healthy lifestyle. He stressed that he and the other seafarers were served mostly high-fat, high-cholesterol, and low-fiber food aboard the vessel. Furthermore, his work as Chief Mate carried considerable stress and required him to stay up for long stretches of time, up to the early hours of the morning.[68] Labor Arbiter Savari noted: This Office takes judicial notice that ocean going vessels are in the high seas for a considerable length of time and that the seafarers on board are not free to choose their diet as they must content with the provisions on board which are usually frozen, preserved, smoked, salted and canned meats and vegetable products as these foods are not easily perishable while fresh fruits and vegetables cannot last long in the high seas. Therefore, with this kind of diet plus the stress of the job on board if only to keep the safety of the vessel, its crew and cargoes have their toll even upon a healthy person. Seafarers have to brave storms, typhoons and high waves during the vessel's journey plus the sudden change of climate and temperature as the vessel crossed territories. These are the factors sufficient to make a person ill.[69] Labor Arbiter Savari also found that petitioner, despite being hypertensive, was declared fit to work in his pre-employment medical examination. Moreover, the poor food choices in his workplace led or contributed to his heart disease: Complainant was declared fit to work prior to embarkation, hence, there is no other conclusion than that he developed or his illnesses were triggered or aggravated on board and his working conditions precipitated his unknown elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64956 8/16

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