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While a PEME may reveal enough for the petitioner (vessel) to
decide whether a seafarer is fit for overseas employment, it
may not be relied upon to inform petitioners of a seafarer’s
true state of health. The PEME could not have divulged
respondent’s illness considering that the examinations were
not exploratory.
Verily, the grant of total and permanent disability is not automatically awarded
simply because a seafarer suffered an injury or contracted an illness after initially
passing his PEME. Awards of compensation cannot rest on speculations or
presumptions, for the claimant must prove a positive proposition.[46] In this case,
the burden is placed upon petitioner to present by substantial evidence, or such
relevant evidence which a reasonable mind might accept as sufficient to support a
conclusion, to prove causation between the nature of his employment and his illness,
or that the risk of contracting the illness was increased by his working condition. [47]
In short, the onus probandi falls on petitioner to establish or substantiate his claim
that he is entitled to disability benefits by the requisite quantum of evidence.[48]
For lack of factual and legal basis to sustain them, petitioner is not entitled to any
claim, more so his ancillary claims for medical expenses, damages and attorney’s
fees.
At any rate, it bears noting that respondents have not sought a reversal, much less a
modification, of the CA award of Grade 11/12 disability benefits. Thus, they are
deemed to have accepted the same as a just settlement of the controversy.
WHEREFORE, the petition is DENIED.
SO ORDERED.
Velasco, Jr, (Chairperson), Peralta, Villarama, Jr.,* and Leonen, JJ., concur.
August 4, 2014
N O T I C E OF J U D G M E N T
Sirs/Mesdames:
Please take notice that on ___July 9, 2014___ a Decision, copy attached herewith,
was rendered by the Supreme Court in the above-entitled case, the original of which
3/27/2020, 12:39 PM