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categorically and solely establish that Zosimo died of pneumonia, “a breathing (respiratory)
condition in which there is an infection of the lungs.”[30] Respondent, however, failed to
adduce even a speck of evidence to establish any reasonable connection between the burn
injury and pneumonia. Logically, the Court cannot and should not jump into the
unwarranted conclusion that pneumonia was related to, or was brought about by his burn
injury.
Respondent attempted to impress upon the Court that Zosimo suffered tetanus, an acute
poisoning from a neurotoxin produced by Clostridium tetani,[31] which was a complication
of his burn injury that eventually led to pneumonia. There is, however, absolutely no
evidence in the records of this case to substantiate her position, except her bare allegation.
Respondent could not present any medical report, medical opinion, or medical certificate
that, at the very least, contained the word tetanus to support her claim. Even her husband’s
own physician did not indicate such probable connection. Thus, the Court agrees with the
NLRC when it wrote:
And, while the seafarer may have undergone medical consultation, the evidence
on record unequivocal[b]ly shows that the injury that caused his repatriation
had healed, and there is no showing, nor can any reasonable inference
be made, that the deceased had complained about any symptoms of
tetanus. Considering that the July 13, 1996 medical certificate was
issued by the deceased’s physician, and not by the respondents’ designated
physician, the same may not be impugned as coming from a polluted source,
and accordingly, the declarations therein are binding upon the seafarer and his
beneficiaries. Hence, the finding that the wound is “not infected” must be given
full weight and credence.
Additional evidence on record likewise establish the fact that when the seafarer
reported to the respondent agency on July 19, 1996 and was referred to the
latter’s designated physician, no proof of infection was elicited from the
medical examination. The medical report issued by the company-designated
physician is consistent with that provided by the seafarer’s physician. In like
manner, there is no showing that the seafarer had complained or manifested
symptoms of tetanus. The fact that said medical report sustains the
independent doctor’s finding that there is no infection on the wound
bolsters the respondent’s assertion that the injury did not cause, nor did it
contribute to the cause of death.
Given all the attending circumstances as confirmed by the documentary
evidence on record, we are convinced, as duly concluded by the Labor Arbiter
that the cause of the seafarer’s death cannot be traced to the burns or injuries
sustained while he was on board the vessel. [32] [Emphases supplied]
While the Court adheres to the principle of liberality in favor of the seafarer in construing
the POEA-SEC, it cannot allow claims for compensation based on conjectures and
probabilities. When there is no evidence on record to permit compensability, the Court has
no choice but to deny the claim, lest injustice is caused to the employer.[33]
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55408
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