Employment Administration Standard Employment Contract (POEA SEC) because there was no
declaration from the company-designated physician that he was permanently and totally disabled
and that the claim for damages was without basis as no bad faith can be attributed to them.11[11]
On September 17, 2007, the LA ruled in favor of the petitioner.12[12] Specifically, the LA held
that:
The claim for total and permanent disability benefits is resolved in favor of
complainant. Respondents have stated that the cause of complainant’s illness,
brief psychotic disorder, is largely unknown. This being the case, it is not
therefore right to bluntly claim that the same is not work-related because it is also
possible that the illness may be caused by or aggravated by his employment. As
alleged by respondents, there are certain factors which may bring about brief
psychotic disorder such as “biological or psychological vulnerability toward the
development of psychotic symptoms.” Complainant, and all seamen for that
matter, are subjected to stress because of the rigorous and strenuous demands of
being at sea for prolonged periods of time, causing sensory deprivation and
continuous isolation, to borrow the words of complainant’s attending
psychiatrist. As correctly argued by complainant, while all seamen may be
subjected to the same or greater degree of stress, their respective abilities to cope
with these factors are different. There is therefore the risk that seamen, not only
complainant, are prone to contract brief psychotic disorder since they are most of
the time at sea and away from their loved ones.
11[11] Id. at 25.
12[12] CA rollo, pp. 66-75.