4/9/2020 E-Library - Information At Your Fingertips: Printer Friendly illness is work-related. Aside from his bare allegations that his illness is work-related, [Taok] miserably failed to introduce evidence to support such an allegation. Thus, in the absence of substantial evidence, working conditions cannot be presumed to have increased the risk of contracting the disease, (Rivera v. Wallem, G.R. No. 160315, November 11, 2005).[10] Despite the unavailability of total and permanent disability benefits, LA Salinas ruled that Taok is entitled to sickness benefits. Specifically: However, with respect to [Taok’s] claim for sickness wages, there is no evidence on record that the same had been duly paid by the [petitioners]. It should be stressed that parties have not disputed that [Taok] was repatriated for medical reasons. Though there is no proof that [Taok’s] ailment is work-related that would have entitled him to the payment of disability benefits, the liability of the [petitioners] for the payment of [Taok’s] sickness wages subsist pursuant to the provision of paragraph 3, B of Section 20 of the Standard Contract for Filipino Seafarers, to wit: “3. Upon sign off from the vessel for medical treatment, the seafarer is entitled to sickness allowance equivalent to his basic wage until he is declared fit to work or the degree of permanent disability has been assessed by the company-designated physician but in no case shall the period exceed one hundred twenty (120) days.” Thus, it stands to reason that [Taok] should be paid his sickness wages equivalent to his four months salary in the amount of US$1,584.00.[11] Taok appealed to the National Labor Relations Commission (NLRC) and presented two (2) medical certificates to support his claim for total and permanent disability benefits. The medical certificate dated December 4, 2006, which was issued by Dr. Francis Marie A. Purino, stated that Taok was suffering from cardiomyopathy and moderately severe systolic dysfunction.[12] The medical certificate dated June 13, 2007, which was issued by Dr. Efren R. Vicaldo (Dr. Vicaldo), stated that Taok manifested signs compatible with those of atrial fibrillation and declared him unfit for sea duty. Dr. Vicaldo declared that Taok’s illness is work-related.[13] In a Resolution[14] dated November 19, 2007, the NLRC affirmed the dismissal of Taok’s complaint: elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55036 4/15

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