4/9/2020
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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
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