6/5/2020
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fitness to resume work or disability grading was ever issued by Dr. Abesamis such that
Pastor sought the opinion of an independent physician. He was then diagnosed to have
chronic back pain and impending vertebral collapse T5 with thoracic and lumbar
spondylosis and was assessed to be permanently unfit for sea duties due to a workrelated total disability. This is evidenced by a medical certificate dated April 17, 2007
issued by the Seamen's Hospital.
Notably, the above-mentioned findings on Pastor's illness indicate that he was suffering
from lumbar spondylosis. Spondylosis is a term used to describe osteoarthritis of the
spine.[41] Clearly therefore, the CA's declaration of Pastor's actual illness as
osteoarthritis is supported by the findings of the company-designated physician, whose
prognosis, as aptly observed by the NLRC, appear to be consistent with the findings
contained in the medical certificate issued by the Seamen's Hospital.
Petitioners argue against the work-relatedness and compensability of Pastor's illness.
They harp on the alleged finding of the company-designated physician that his ailment
is not work-related and this, according to them, should be given more weight than that
of Pastor's independent physician. The argument, however, is untenable. The Court has
gone over the records and found that the same is bereft of any evidence that Dr.
Abesamis or any other doctor designated by the company ever rendered an assessment
categorically declaring Pastor to be suffering from an illness which is not work-related.
Moreover, a seaman's entitlement to disability benefits, is governed, not only by
medical findings, but by law (the Labor Code) and by contract (the POEA-SEC and the
parties' CBA).[42] Here, the POEA-SEC, as provided under Department Order No. 4,
series of 2000 of the Department of Labor and Employment, which contains the
Standard Terms and Conditions Governing The Employment of Filipino Seafarers OnBoard Ocean-Going Vessels, governs the employment contract between Pastor and
petitioners. Section 20(B), paragraph 6 thereof reads:
Section 20 (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 enumerated in Section 32 of this Contract.
Computation of his benefits arising from an illness or disease shall be
governed by the rates and rules of compensation applicable at the time the
illness or disease was contracted.
"Pursuant to the aforequoted provision, two 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 [arisen] during the term of
the seafarer's employment contract."[43] For disability to be compensable under
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