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and their officers. He alleged that his work as chief cook, which involved food intake,
contributed to or aggravated his gastric cancer. He claimed that although the cause of
gastric cancer was unknown, there was speculation that smoked food may be
promoting factors.[14]
Demetrio invoked the presumption laid down in the provision of the POEA[15] Standard
Employment Contract (SEC) mat his illness was work-related.[16] He also averred that
he passed the PEME;[17] and that as such, the PTC, the NCM, and their officers were
estopped from claiming that he was unfit to work prior to his deployment or that he did
not contract his illness aboard the vessel.[18] He likewise argued that because the
vessel Amasis was covered by a collective bargaining agreement (CBA), it stands to
reason that he was entitled to the benefits stipulated in that agreement.[19]
The PTC, the NCM and their officers did confirm that on December 25, 2008, Demetrio
boarded the vessel; that on April 20, 2009, he was brought to the Entabeni Hospital in
Durban due to gastritis; and that eventually, he was repatriated for further treatment.
[20]
The PTC, the NCM, and their officers however contended that Demetrio was a heavy
smoker, and that he was smoking 12 to 15 cigarette sticks a day;[21] that the
company-designated physician Dr. Susannah Ong-Salvador (Dr. Salvador), declared
that Demetrio's condition was not work-related; and that the risk factors in Demetrio's
condition included age, diet rich in saturated fat, fatty acid, linoleic acid, and genetic
predisposition.[22]
The PTC, the NCM, and their officers also argued that stomach cancer is asymptomatic
- or an illness that has nonspecific symptoms in its early stage and only becomes
apparent when in the advanced stage already; that since Demetrio was only about four
months aboard the vessel when the symptoms of his cancer manifested, then it could
not be inferred that he acquired it during his employment with them;[23] and, that
while Demetrio's contract was covered by an AMOSUP[24] CBA, this CBA did not include
non-occupational illnessess, such as gastric cancer.[25]
In sum, the PTC, the NCM, and their officers maintained that Demetrio's work involved
food preparation and not food intake;[26] that the company-designated doctor found
that the cause of his illness was not work-related;[27] that there was no evidence to
indicate that his working conditions increased the risk of contracting it; that there was
no evidence that his illness was caused by the food being served on the vessel;[28]
and, that no causal connection was established between Demetrio's work as chief cook
and his gastric or stomach cancer.[29]
Ruling of the Labor Arbiter
On August 31, 2010, the LA rendered a Decision[30] dismissing the Complaint for lack
of merit. The LA held that the company-designated physician declared that Demetrio's
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