4/20/2021
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In this case, respondents assert that Castillon's illness is not work-related based on the
finding of the company-designated physician, and because colon cancer is not one of
the occupational diseases under Section 32-A.
This Court disagrees.
For the purpose of compensability, the Philippine Overseas Employment Administration
Standard Employment Contract does not require that the illness must be one of those
enumerated under Section 32-A. To the contrary, Section 20(A)(4) explicitly provides
that illnesses not listed under Section 32-A are disputably presumed as work-related.
[97] As long as the work-relatedness and compensability is established, the illness or
death benefit claimed by the seafarer may be granted.
Colon cancer is disputably presumed as work-related because it is not one of the
occupational illnesses listed under Section 32-A. Thus, the burden of proving otherwise
shifts to respondents. In this case, respondents failed to discharge its burden.
The finding of the company-designated physician presented by the respondents cannot
be regarded as the final and definitive assessment of Castillon's medical condition.
When it was declared that Castillon's illness was not work-related, it cannot be said that
the assessment was complete, thorough, and final, because the company-designated
physician merely felt an abdominal mass on Castillon and recommended him to
undergo a colonoscopy test. In fact, Castillon's condition was finally determined only
after the colonoscopy and biopsy tests were conducted. There was no accurate
diagnosis yet when the physician made the declaration; thus, this Court cannot use the
company-designated physician's findings.
On the other hand, petitioners were able to prove that Castillon's working condition
contributed to and aggravated his illness. While Castillon's illness can be traced from
his family history of malignancy, his working and living condition while on board
contributed to his illness. In Leonis Navigation Co., Inc. v. Villamater,[98] this Court
held that colon cancer-can be considered as a work-related illness, and that a seafarer
is entitled to disability benefits if it's proven that the conditions inside the vessel
increased or aggravated the risk of colon cancer. This Court discussed:
It is true that under Section 32-A of the POEA Standard Contract, only two
types of cancers are listed as occupational diseases — (1) Cancer of the
epithelial lining of the bladder (papilloma of the bladder); and (2) cancer,
epithellematous or ulceration of the skin or of the corneal surface of the eye
due to tar, pitch, bitumen, mineral oil or paraffin, or compound products or
residues of these substances. Section 20 of the same Contract also states
that those illnesses not listed under Section 32 are disputably presumed as
work-related. Section 20 should, however, be read together with Section 32A on the conditions to be satisfied for an illness to be compensable, 31 to
wit:
For an occupational disease and the resulting disability or death to be
compensable, all the following conditions must be established:
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66406
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