6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly provisions are Articles 197 to 199[28] (formerly Articles 191 to 193) of the Labor Code in relation to Section 2,[29] Rule X of the Rules implementing Title II, Book IV of the said Code;[30] while the relevant contracts are: (a) the POEA-SEC, which is a standard set of provisions that is deemed incorporated in every seafarer's contract of employment; (b) the CBA, if any; and (c) the employment agreement between the seafarer and his employer.[31] In this case, petitioner executed his employment contract with respondents on August 7, 2008. Accordingly, the provisions of the 2000 POEA-SEC are applicable and should govern their relations. Sec. 20 (B) (6), of the 2000 POEA-SEC provides: SECTION 20. COMPENSATION AND BENEFITS xxxx B. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS The liabilities of the employer when the seafarer suffers work-related injury or illness during the term of his contract are as follows: xxxx 6. In case of permanent total or partial disability of the seafarer caused by either injury or illness the seafarer shall be compensated in accordance with the schedule of benefits arising from an illness or disease shall be governed by the rates and the rules of compensation applicable at the time the illness or disease was contracted. (Emphasis supplied.) Pursuant to the afore-quoted provision, two (2) elements must concur for an injury or illness to be compensable: first, that the injury or illness must be work-related; and second, that the work-related injury or illness must have existed during the term of the seafarers employment contract.[32] The 2000 POEA-SEC defines "work-related injury" as "injury(ies)" resulting in disability or death arising out of and in the course of employment" and "work-related illness" as "any sickness resulting to disability or death as a result of an occupational disease listed under Section 32-A of this contract with the conditions set therein satisfied," viz.: 1. The seafarer's work must involve the risks described herein; 2. The disease was contracted as a result of the seafarer's exposure to the described risks; 3. The disease was contracted within a period of exposure and under such other factors necessary to contract it; and 4. There was no notorious negligence on the part of the seafarer. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61320 4/10

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