4/9/2020
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Under the 1996 POEA-SEC, it is enough that the seafarer proves that his or her injury
or illness was acquired during the term of employment to support a claim for disability
benefits.[28] The petitioners claim that there is no substantial evidence on this point.
We do not find this claim to be persuasive.
In support of this point, Serna attached the following to his complaint: (a) the October
1998 contract; (b) the medical certificate issued by Dr. Manabat; (c) the medical
certificate issued by Dr. Torres; (d) the August 5, 1999 Seaman’s Hospital PreEmployment Medical Examination; and (e) the medical certificate issued by Dr. Caja.
We find it significant that Serna was declared fit to work in the pre-employment
medical examination for the October 1998 contract. He was not in this same state,
however, when he disembarked. As the CA explained:
The presumption that private respondent Serna was healthy and fit at the
time he started working for the petitioners gains special prominence,
considering that he would not have been employed by the petitioners and
would not have passed the required Pre-employment Medical Examination,
had he not been “medically and technically qualified.” It certainly strains
credulity to take petitioners’ stance that private respondent Serna’s illness
was acquired by him after he signed-off their vessels or immediately after
his contract of employment with them. Private respondent Serna’s illness is
not a simple cough or colds that could have been acquired in a matter of
days.
This Court finds the evidence in favor of private respondent Serna
substantial and convincing. That he was not well and was really ill after his
disembarkation from petitioners’ vessel is confirmed by the fact that he
immediately went to see a doctor, approximately fifteen (15) days after his
arrival in the Philippines, i.e.[,] July 27, 1999, and was diagnosed of having
toxic goiter. Again, when private respondent Serna was examined by a
company-designated physician during the pre-employment medical
examination on August 5, 1999 at the Seaman’s Hospital, he was found to
be suffering from Atrial Fibrillation and was declared unfit to work. These
facts could only suggest, considering that the tests were conducted closely
near to private respondent Serna’s disembarkation from the vessel of his
latest employment, that the causative circumstances leading to his illness
transpired prior to his disembarkation and during the course of his
employment with the petitioners.[29] (citations omitted)
We find no arbitrariness in the appellate court’s appreciation of the evidence on record
and see no reason to disturb its conclusion on its evidentiary weight, specifically, its
substantiality. We reiterate that substantial evidence is more than a mere scintilla. It is
such relevant evidence as a reasonable mind might accept as adequate to support a
conclusion, even if other minds, equally reasonable, might conceivably opine otherwise.
[30]
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55380
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