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781 Phil. 197
SECOND DIVISION
[ G.R. No. 206758, February 17, 2016 ]
MARICEL S. NONAY, PETITIONER, VS. BAHIA SHIPPING SERVICES,
INC., FRED OLSEN LINES AND CYNTHIA MENDOZA, RESPONDENTS.
DECISION
LEONEN, J.:
In some cases, illnesses that are contracted by seafarers and are not listed as
occupational diseases under the 2000 Philippine Overseas Employment AdministrationStandard Employment Contract may be disputably presumed to be work-related or
work-aggravated. The relation of the disease contracted to the work done by the
seafarer, or that the work aggravated the disease, must be sufficiently proven by
substantial evidence. Otherwise, the claim for disability benefits cannot be granted.
Bahia Shipping Services, Inc., (Bahia Shipping), for and on behalf of Fred Olsen Cruise
Lines, Ltd., hired Maricel S. Nonay (Nonay) in 2008.[1]
From July 16, 2008 to May 15, 2009, Nonay worked on board the M/S Braemer as
Casino Attendant/Senior Casino Attendant.[2] Nonay was re-hired by Bahia Shipping as
Casino Attendant on June 8, 2009[3] for a period of nine (9) months.[4] She re-boarded
the M/S Braemer on August 1, 2009.[5]
When she boarded the M/S Braemer, she was assigned to work "as an Assistant
Accountant (Night Auditor) until January 20, 2010."[6] On January 21, 2010, she was
assigned to work as Senior Casino Attendant.[7]
Around the middle of February 2010, Nonay "experienced profuse and consistent
bleeding[,] extreme dizziness and . . . difficulty in breathing."[8] She went to the ship's
clinic and was given medication.[9] The next day, Nonay experienced severe headache.
She again went to the ship's clinic, and was prescribed a different medication, which
worsened her headache. Thus, she stopped taking the medicine.[10]
Nonay's bleeding intensified. She was later advised by the ship's physician to rest.
However, her condition did not improve so she went to a clinic in Barbados. A
transvaginal ultrasound conducted on Nonay revealed that she had two (2) ovarian
cysts. She returned to the ship and was assigned to perform light duties.[11]
On March 20, 2010, Nonay was medically repatriated. Bahia Shipping referred her to
the company-designated physician at the Metropolitan Medical Center in Manila.[12]
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