5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly Otherwise stated, tor disability to be compensable, it (1) must be the result of a workrelated injury or a work-related illness, and (2) must have existed during the term of the seafarer's employment contract. Petitioners insist on the supposed pre-existence of Narbonita's illness. According to them, the subject illness did not occur during the course of Narbonita's employment since it already existed prior to the commencement of his second deployment. However, they failed to refute the presumption of its work-relatedness or aggravation by reason of his work. There is no dispute that the company-designated physician issued his Final Medical Report on November 19, 2013[40] with a final diagnosis of "Degenerative Osteoarthritis, knee, right." Osteoarthritis is listed as an occupational disease, thus, presumed to be work-related. Under Section 32-A(21) of the 2010 POEA-SEC, for Osteoarthritis to be considered as an occupational disease, it must have been contracted in any occupation involving: a. Joint strain from carrying heavy load, or unduly heavy physical labor, as among laborers and mechanics; b. Minor or major injuries to the joint; c. Excessive use or constant strenuous usage of a particular joint, as among sportsmen, particularly those who have engaged in the more active sports activities; d. Extreme temperature changes (humidity, heat and cold exposures) and; e. Faulty work posture or use of vibratory tools. Here, it cannot be gainsaid that Narbonita's work was contributory in causing or, at least, increasing the risk of contracting his illness. His work history[41] shows that he joined NCLL in 1986. To recap, Narbonita was repatriated for the 2nd and final time on October 29, 2013, which would mean that he has been working as a seafarer for over 27 years already. Granting that Narbonita had osteoarthritic conditions prior to his February 24, 2013 embarkation, the Court agrees with the finding of the NLRC that the same does not obliterate the fact that the pain was suffered while in the course of his employment; and that Narbonita was able to show the nature of his work as Stateroom Steward, where he had to carry suitcases, lift heavy ice chests, lift beds when cleaning rooms, collect trash, etc. Equally telling is the medical evaluation made by private physician, Dr. Runas: In the case of Seaman Narbonita, he was prematurely cleared and returned to his strenuous job even though he is still having pain and recurrent selling of the operated right knee. This is the reason why only a few days upon returning to work. He can no longer bear the pain and walks with a limp. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66272 5/9