During his eighteen (18) years of service with UPL, he boarded various
foreign ocean-going vessels[4] while performing his duties and responsibilities that
included cleaning chemical-spill-oil on deck, slat dislodging, and spraying naphtha
chemical and washing dirt and rusts inside the tank.
Petitioners medical record shows that his illness started in May 1993 when
he experienced episodes of bilateral blurring of vision. While in Singapore then, he
consulted Dr. Richard F.T. Fan, an ophthalmic surgeon, and he was diagnosed to
be suffering from advanced glaucoma.[5] His condition recurred even after his
separation from service, prompting him to seek further eye consultations and
treatments in the Philippines.[6] His eye disease was finally diagnosed as chronic
open angle glaucoma.[7]
On account of his ailment, petitioner filed before the SSS a claim for
compensation benefits under P.D. No. 626, as amended. The application, however,
was denied on the ground that there is no causal relationship between the illness
and his job as a seaman.[8] When his motion for reconsideration was also denied,
petitioner elevated the case to the ECC which later on affirmed the assailed
decision. The ECC ratiocinated, thus:
Following a careful review of the documents on record, the Commission is
inclined to rule against the compensability of [petitioners] ailment. The present
employees compensation program, which is embodied in P.D. 626, as amended,
requires[,] and we quote, that:
For the sickness and the resulting disability or death to be
compensable, the sickness must be the result of an occupational
disease listed under Annex A of these Rules with the conditions set
therein satisfied, otherwise, proof must be shown that the risk of
contracting the disease is increased by the working
conditions (Rule III, Section 1[b] of the Implementing Rules of
P.D. 626, as amended)
Definitely, [petitioners] Chronic Open Angle Glaucoma is not an
occupational disease under the law. Thus, he is required to show by substantial
evidence that the nature of his job as a Seaman had increased the risk of