5/28/2020
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The Court denies the Petition.
The only issue in this case is whether Bengson’s illness – which petitioners claim and
admit to be hypertensive cardio-vascular disease (HCVD) not in failure, CVD infarct left
thalamocapsular – is an occupational disease.
In many cases decided in the past, this Court has held that cardiovascular disease,
coronary artery disease, and other heart ailments are compensable. Thus, in Fil-Pride
Shipping Company, Inc. v. Balasta,[28] severe 3-vessel coronary artery disease which
the seaman contracted while serving as Able Seaman was considered an occupational
disease. In Villanueva, Sr. v. Baliwag Navigation, Inc.,[29] it was held that the 2000
POEA-SEC considers heart disease as an occupational disease. In Jebsens Maritime,
Inc. v. Undag,[30] the Court held that hypertensive cardiovascular disease may be a
compensable illness, upon proof. In Oriental Shipmanagement Co., Inc. v. Bastol[31]
and Heirs of the late Aniban v. National Labor Relations Commission,[32] it was held
that myocardial infarction as a disease or cause of death is compensable, such being
occupational. Iloreta v. Philippine Transmarine Carriers, Inc.[33] held that hypertensive
cardiovascular disease/coronary artery disease and chronic stable angina are
compensable.
Micronesia Resources v. Cantomayor[34] stated that a finding of
coronary artery disease entitles the claimant – a seaman Third Officer – to disability
compensation. In Remigio v. National Labor Relations Commission,[35] the Court held
that the claimant – a musician on board an ocean-going vessel – was entitled to
recover for suffering from coronary artery disease. In Sepulveda v. Employees’
Compensation Commission,[36] it was declared that the employee’s illness, myocardial
infarction, was directly brought about by his employment as schoolteacher or was a
result of the nature of such employment.
In the present case, petitioners flatly claim that Bengson’s hypertensive cardio-vascular
disease is not compensable on the sole basis of its company-designated physician
Agbayani’s declaration that such illness is not work-related.
However, the Court finds that Bengson’s illness is work-related. The undisputed facts
indicate that respondent has been working for petitioners since 1988; that per his
service record,[37] he has been serving as Third Mate for twelve (12) years; and that as
Third Mate, he was saddled with heavy responsibilities relative to navigation of the
vessel, ship safety and management of emergencies.
It is beyond doubt that
respondent was subjected to physical and mental stress and strain: as Third Mate, he is
the ship’s fourth in command, and he is the ship’s safety officer; these responsibilities
have been heavy burdens on respondent’s shoulders all these years, and certainly
contributed to the development of his illness. Besides, “[i]t is already recognized that
any kind of work or labor produces stress and strain normally resulting in wear and tear
of the human body.”[38] “Notably, it is a matter of judicial notice that an overseas
worker, having to ward off homesickness by reason of being physically separated from
his family for the entire duration of his contract, bears a great degree of emotional
strain while making an effort to perform his work well. The strain is even greater in the
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