1/5/2021
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lack of sleep, heat stress, emergency works and homesickness for being away from his
family. From the above enumeration of Apolinario's duties on board the vessel, he was
certainly exposed to various strain and stress—physical, mental and emotional.
In the case of Sevilla v. Workmen's Compensation Commission,[28] the First Division of
this Court ruled in favor of the compensability of diabetes mellitus quoting the case of
Abana, et al. v. Quisumbing.[29] This Court held:
While there is that possibility that factors other than the employment of the
claimant may also have contributed to the aggravation of his illness, this is
not a drawback to its compensability. For, under the law, it is not required
that the employment be the sole factor in the growth, development or
acceleration of claimant's illness to entitle him to the benefits provided for. It
is enough that his employment had contributed, even in a small degree, to
the development of the disease.[30]
As earlier stated, respondents herein failed to adduce any contrary medical findings
from the company-designated physician to show that Apolinario's illness was not
caused or aggravated by his working conditions on board the vessel. There was also no
showing that Apolinario is predisposed to the illness by reason of genetics, obesity or
old age. Such being the case, this Court consider that the stress and strains he was
exposed to on board contributed, even to a small degree, to the development of his
disease. Inasmuch as, compensability is the entitlement to receive disability
compensation upon a showing that a seafarer's work conditions caused or at least
increased the risk of contracting the disease, We find Apolinario's disease as
compensable at bar.
Reportorial requirement to
undergo
post-employment
medical examination within
three
days
from
disembarkation
Respondents insist that Apolinario did not comply with the post employment medical
examination within three working days from his repatriation. For his non-compliance,
respondents argue that he is not entitled to the disability benefits he claim. To support
their contention, Jocson submitted an Affidavit stating that Apolinario never requested
for a post-employment medical examination after termination of his contract.
Section 20(B)(3) of the 2000 Amended POEA Standard Terms and Conditions Governing
the Employment of Filipino Seafarers On-Board Ocean-Going Vessels lays down the
procedure , to be followed by a seafarer in claiming disability benefits, to wit:
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:
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