5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly In so ruling, the LA held that Salas was able to establish a causal connection between his illnesses and the nature of his work as Second Officer to prove that he was entitled to disability compensation. The LA noted that no contrary evidence was adduced to rebut Salas' claim that his gouty arthritis was aggravated by repeated stresses and strains to his knees. Moreover, although the May 4, 2015 Medical Report cleared Salas "orthopedic wise," the company-designated physician nonetheless failed to indicate if he was already fit to resume work. Accordingly, since Salas' illnesses rendered him totally and permanently incapable of resuming work for more than 240 days, he was granted the maximum disability compensation rate provided under the 2010 POEA-SEC. [21] Aggrieved, respondents filed an appeal[22] to the NLRC. The NLRC Ruling In a Decision[23] dated November 29, 2016, the NLRC reversed and set aside the LA's Decision and dismissed the complaint for lack of merit.[24] It held that Salas failed to prove that his gouty arthritis and diabetes mellitus were work-related. It also did not give credence to the medical report of Salas' independent physician, Dr. Pundavela, pointing out that the latter's declarations were mere conjectures and as such, cannot be given weight. Moreover, it ruled that while the POEA-SEC creates a disputable presumption of work-relatedness, the seafarer must still prove by substantial evidence that his work conditions caused or at least increased the risk of contracting the disease, which Salas failed to show. Accordingly, absent any causal connection between the nature of Salas' work and the risk factors involved in the development of his ailments, the lapse of the 240-day period as basis of the award was rendered irrelevant.[25] Notably, Commissioner Nieves E. Vivar-De Castro (Commissioner Vivar-De Castro) tendered a dissent to the majority ruling, opining, inter alia, that "[s]ince there is no definitive final assessment as to [Salas'] ability to resume work as a seafarer, x x x Dr. Pundevela's July 23, 2015 Medical Report finding [Salas] partially and permanently unfit to work as a seafarer must be given credence. Said disability, having exceeded more than 240 days, is deemed total and permanent, by operation of law. As such, [Salas] is, without a doubt, entitled to compensation therefor under the POEASEC."[26] Salas' motion for reconsideration was denied in a Resolution[27] dated January 31, 2017, prompting him to elevate the case via a petition for certiorari[28] before the CA. The CA Ruling In a Decision[29] dated February 18, 2019, the CA found no grave abuse of discretion on the part of the NLRC in dismissing the complaint for disability benefits. It ruled that Salas failed to prove that his illnesses were work-related under Section 32-A of the POEA-SEC. Further, it held that Salas failed to substantiate his claim that the nature of his job as Second Officer was a risk factor that aggravated his illnesses while he was onboard the vessel. It likewise noted that even Salas' independent physician failed to elaborate on how he arrived at his conclusion to justify the award of disability benefits. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66379 3/10