6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly 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 elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61244 2/10

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