Opportunistic infections that develop with AIDS are infections by organisms that do not cause
disease in people with healthy immune systems. Both the HIV infection and the opportunistic
infections and cancers produce the symptoms of AIDS.36[36]
Pneumonia caused by the fungus Pneumocystis carinii is a common and recurring opportunistic
infection in people with AIDS, and is the first opportunistic infection to develop. Tuberculosis is
more frequent and deadlier in people who have HIV infection than in those who do not, and is
difficult to treat if the strain of the tuberculosis is resistant to antibiotics. Another
mycobacterium, Mycobacterium avium complex, is a common cause of fever, weight loss, and
diarrhea in people with the advanced disease.37[37]
AIDS is not listed as an occupational disease both under the POEA-SEC and the ECC Rules.
Thus, the claimant bears the burden of reasonably proving the relationship between the work of
the deceased and AIDS, or that the risk of contracting AIDS was increased by the working
conditions of the deceased.
In the present case, we do not find Eduardo’s AIDS to have been work-related. Records have
shown that it was a pre-existing illness that Eduardo did not disclose during his PEME with the
respondents’ medical testing center.
The evidence reveals that Eduardo had undergone a previous PEME on October 29, 1997 (or two
years before his deployment with the respondents) as a prerequisite for his employment with
another agency – Southfield Agencies (Southfield). The PEME was conducted by the PROBE
Polyclinic and Diagnostic Center (PROBE), Southfield’s designated testing center. Dr. Laura S.
Gonzales, the examining physician, found Eduardo positive for HIV, and declared him unfit for
sea duty.38[38] Eduardo was then advised to proceed to the Department of Health’s National
Reference Testing Center for HIV Testing for further examination and tests. The National
Reference Testing Center for HIV Testing confirmed the findings of PROBE, and declared
Eduardo to be HIV positive.39[39]
36[36] Id. at 929-930.
37[37] Id. at 930.
38[38] CA rollo, p. 91.
39[39] Id. at 92.
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