Indeed, there was never any categorical or conclusive finding that Faustino Inductivo was
afflicted with cancer. Petitioners extensive discussion in support of their "cancer theory" is
nothing more than mere speculations cloaked in medical gibberish.
Moreover, we agree with private respondent that opinions of petitioners doctors to this effect
should not be given evidentiary weight as they are palpably self-serving and biased in favor of
petitioners, and certainly could not be considered independent. These medical opinions cannot
prevail over the entries in the Death Certificate and Autopsy Report.
Furthermore, before Faustino Inductivo was made to sign the employment contract with
petitioners he was required to undergo, as a matter of procedure, medical examinations and was
declared fit to work by no less than petitioners' doctors. Petitioners cannot now be heard to claim
that at the time Faustino Inductivo was employed by them he was afflicted with a serious
disease, and that the medical examination conducted on the deceased seaman was not
exploratory in nature such that his disease was not detected in the first instance. Being the
employer, petitioners had all the opportunity to pre-qualify, screen and choose their applicants
and determine whether they were medically, psychologically and mentally fit for the job upon
employment. The moment they have chosen an applicant they are deemed to have subjected him
to the required pre-qualification standards.
But even assuming that the ailment of Faustino Inductivo was contracted prior to his
employment on board "MT Rowan," this is not a drawback to the compensability of the disease.
It is not required that the employment be the sole factor in the growth, development or
acceleration of the illness to entitle the claimant to the benefits provided therefor. It is enough
that the employment had contributed, even in a small degree, to the development of the disease
and in bringing about his death.
It is indeed safe to presume that, at the very least, the nature of Faustino Inductivos employment
had contributed to the aggravation of his illness - if indeed it was pre-existing at the time of his
employment - and therefore it is but just that he be duly compensated for it. It cannot be denied
that there was at least a reasonable connection between his job and his lung infection, which
eventually developed into septicemia and ultimately caused his death. As a utilityman on board
the vessel, he was exposed to harsh sea weather, chemical irritants, dusts, etc., all of which
invariably contributed to his illness.
Neither is it necessary, in order to recover compensation, that the employee must have been in
perfect condition or health at the time he contracted the disease. Every workingman brings with
him to his employment certain infirmities, and while the employer is not the insurer of the health
of the employees, he takes them as he finds them and assumes the risk of liability. If the disease
is the proximate cause of the employees death for which compensation is sought, the previous
physical condition of the employee is unimportant and recovery may be had therefor independent
of any pre-existing disease.vii[7]
On the alleged failure of private respondent to comply with the seventy-two (72)-hour reporting
requirement, the POEA Standard Employment Contract Governing the Employment of All
Filipino Seamen on Board Ocean Going Vessel,viii[8] provides in part -