6/7/2020
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international conventions, treaties and covenants where the
Philippines is a signatory.
We also find it apt to point out that Section 10 of Republic Act No. 8042 (Migrant
Workers Act) clearly states that claims arising from contract entered into by Filipino
workers for overseas employment are cognizable by the labor arbiters of the NLRC xxxx
In view of the foregoing, We hold that the labor tribunals did not err in taking
cognizance of this case.
Prescinding, this Court, after thoroughly reading the entire records and weighing all the
facts and evidence on hand, found [sic] and so holds that petitioners failed in their duty
to prove that the NLRC committed grave abuse of discretion or had grossly
misappreciated evidence insofar as its affirmation of the Labor Arbiter's conclusion that
private respondent was entitled to disability benefits in the amount of Sixty Thousand
US Dollars (US$60,000.00).
As the records bear out, the Labor Arbiter declared private respondent to be suffering
from a permanent and total disability because of the psychological trauma and anxiety
attacks which resulted from the maltreatment inflicted on him by Second Officer Dayo,
private respondent's immediate superior on board 'MV Norviken'. We see no reason to
reverse this finding as the same is duly supported by substantial evidence.
Significantly, the Labor Arbiter even emphasized that such 'factual findings is supported
by the medical opinion on Psychosocial Factors, a risk factor as shown in Chapter 15, P.
543, Kaplan and Sadock's Synopsis of Psychiatry, Eighth Edition x x x.'
Notably, petitioners vehemently deny that private respondent's illness was
compensable and take serious exception on [sic] the common findings of the Labor
Arbiter and the NLRC that private respondent's working conditions on board the 'M/V
Norviken' aggravated his illness.
To be sure, this Court agrees that '[f]or disability to be compensable under Section
20(B) of the 2000 POEA-SEC, two elements must concur: (1) the injury or illness
must be work-related; and (2) the work-related injury or illness must have existed
during the term of the seafarer's employment contract. In other words, to be
entitled to compensation and benefits under this provision, it is not sufficient to
establish that the seafarer's illness or injury has rendered him permanently or partially
disabled; it must also be shown that there is a causal connection between the
seafarer's illness or injury and the work for which he had been contracted. The 2000
POEA-SEC defines 'work-related injury' as 'injury[ies] resulting in disability or death
arising out of and in the course of employment' and 'work-related illness' 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.'
Relative to the foregoing, it bears pointing out that this pertinent provision under the
POEA Standard Contract is interpreted to mean that it is the company-designated
physician who is entrusted with the task of assessing the seaman's disability, whether
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63469
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