Section 20-B of the POEA Amended Standard Terms and Conditions Governing
the Employment of Filipino Seafarers on Board Ocean Going Vessels (“POEASEC” for brevity) provides that “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: x x x”
Under the Definition of Terms found in the Standard Contract, a work related
illness is defined as “any sickness resulting to disability or death as a result of an
occupational disease listed under Section 32-A of this contract with the
conditions set therein satisfied.” In the instant case, the illness “brief psychotic
disorder” is not listed as an occupational disease.
In the instant case, it is an undisputed fact that private respondent’s illness
occurred during the term of his contract. The remaining issue to be determined is
whether or not private respondent’s illness of “brief psychotic disorder” is workrelated.
We find that private respondent’s brief psychotic disorder was not contracted as a
result of or caused by the seafarer’s work as an Oiler on board the vessel M.V.
Thailine 5.
A review of the evidence shows that the company-designated physician Dr.
Mylene Cruz-Balbon (“Dr. Balbon,” for brevity) issued a certification dated 26
June 2006 certifying that private respondent has undergone medical evaluation
treatment at Robert D. Lim, M.D. Marine Medical Services, Metropolitan Medical
Center from 26 May 2006 up to the date of the certification, due to “Brief
Psychotic Disorder.” x x x.
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On the psychological test done on 30 May 2006 on private respondent, Dr.
Raymond L. Rosales (“Dr. Rosales,” for brevity) Diplomate in Neurology and
Psychiatry and Associate Professor of the University of Santo Tomas Hospital,