4/10/2020 E-Library - Information At Your Fingertips: Printer Friendly the compensability of an illness suffered by a seafarer during the term of his contract. This disputable presumption works in favor of the employee pursuant to the mandate under Executive Order No. (EO) 247 dated July 21, 1987 under which the POEA-SEC was created: “to secure the best terms and conditions of employment of Filipino contract workers and ensure compliance therewith”[32] and “to promote and protect the well-being of Filipino workers overseas.”[33] Hence, unless contrary evidence is presented by the seafarer’s employer/s, this disputable presumption stands.[34] In this case, David not only relies on this disputable presumption of the compensability of his illness but further alleges that the following conditions provided in Sec. 32-A of the POEA-SEC have all been satisfied: SECTION 32-A OCCUPATIONAL DISEASES For an occupational disease and the resulting disability or death to be compensable, all of the following conditions must be satisfied: 1. The seafarer’s work must involve the risks describe herein; 2. The disease was contracted as a result of the seafarer’s exposure to the described risks; 3. The disease was contracted within a period of exposure and under such other factors necessary to contract it; 4. There was no notorious negligence on the part of the seafarer. David showed that part of his duties as a Third Officer of the crude tanker M/T Raphael involved “overseeing the loading, stowage, securing and unloading of cargoes.”[35] As a necessary corollary, David was frequently exposed to the crude oil that M/T Raphael was carrying.[36] The chemical components of crude oil include, among others, sulphur, vanadium and arsenic compounds.[37] Hydrogen sulphide and carbon monoxide may also be encountered,[38] while benzene is a naturally occurring chemical in crude oil. [39] It has been regarded that these hazardous chemicals can possibly contribute to the formation of cancerous masses.[40] In this case, David was diagnosed with MFH (now known as undifferentiated pleomorphic sarcoma [UPS]),[41] which is a class of soft-tissue sarcoma or an illness that account for approximately 1% of the known malignant tumors.[42] As stated by Dr. Peña of the MMC, who was consulted by the company-designated physician, the etiology of soft tissue sarcomas are multifactorial.[43] However, some factors are associated with a higher risk.[44] These factors include exposure to chemical carcinogens[45] like some of the chemical components of crude oil. Clearly, David has provided more than a reasonable nexus between the nature of his job and the disease that manifested itself on the sixth month of his last contract with respondents. It is not necessary that the nature of the employment be the sole and only reason for the illness suffered by the seafarer. It is sufficient that there is a reasonable linkage between the elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55191 6/12