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contracting the disease and only a reasonable proof of work connection, not direct
causal relation is required."[82]
Thus, when the illness does not fall under Section 32-A, it is disputably presumed that
the illness is work-related. The seafarer does not initially bear the burden of proving
the work-relatedness, and the burden of proof shifts to the employer.[83] The employer
should either prove that the illness was pre -existing, or if it was pre-existing, it
should be proven that the conditions of his work did not contribute or aggravate the
illness. If this was sufficiently proved by the employer, there is no need to resolve the
question of compensability.[84]
Should the employer contest the illness's work-relatedness, the burden shifts to the
seafarer to prove otherwise (i.e. the illness is not pre-existing, or even if it was preexisting, the work contributed to or aggravated the illness).[85] In doing so, the
seafarer is also able to comply with the condition of compensability under Section 32-A,
particularly: (1) that the seafarer's work must involve the risks described herein; (2)
that the disease was contracted as a result of the seafarer's exposure to the described
risks; and (3) that the disease was contracted within a period of exposure and under
such other factors necessary to contract it.
Further, the findings and declaration of the physicians who assessed the seafarer is
equally important, because it is the basis of the seafarer's claim.[86] The Philippine
Overseas Employment Administration Standard Employment Contract clearly provides a
guideline for the medical assessment of the seafarer's condition for the purposes of
claiming benefits. The pertinent portion of Section 20(A)(3) reads:
For this purpose, the seafarer shall submit himself to a post-employment
medical examination by a company-designated physician within three
working days upon his return except when he is physically incapacitated to
do so, in which case, a written notice to the agency within the same period
is deemed as compliance. In the course of the treatment, the seafarer shall
also report regularly to the company-designated physician specifically on the
dates as prescribed by the company-designated physician and agreed to by
the seafarer. Failure of the seafarer to comply with the mandatory reporting
requirement shall result in his forfeiture of the right to claim the above
benefits.
If a doctor appointed by the seafarer disagrees with the assessment, a third
doctor may be agreed jointly between the Employer and the seafarer. The
third doctor's decision shall be final and binding on both parties.
The Philippine Overseas Employment Administration Standard Employment Contract
prescribes the primary responsibility of the company-designated physician to determine
the disability grading or fitness to work of the seafarers.[87] The rules favor the
assessment of the company-designated physician because it is assumed "that they
have closely monitored and actually treated the seafarer and are therefore in a better
position to form an accurate diagnosis."[88]
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66406
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