4/14/2021
E-Library - Information At Your Fingertips: Printer Friendly
credible information and not on self-serving allegations.[44] The CA further ruled, that
the 2010 POEA-SEC provides that a disability grading shall no longer depend on the
number of days of treatment.[45]
Despite dismissing Rosales' complaint, the CA granted financial assistance in the
amount of US$5,000.00 or its peso equivalent due to humanitarian consideration and
the length of Rosales' service with respondents.[46]
The Motion for Reconsideration[47] of Rosales was denied in a Resolution[48] dated
October 18, 2017.
In this petition, Rosales maintains that he is entitled to the maximum disability
compensation because he is permanently and totally disabled. It has been more than
240 days from Rosales' repatriation and he continues to suffer from his multiple
injuries, thus incapacitating him from performing his sea duties. He argues certification
made known that, in the absence of a final and determinative to him within the 240
day period, his disability becomes total and permanent.[49] Rosales also claims that the
causal work-connection of his illness and his work aboard the vessel had been
sufficiently established because his duties and responsibilities as steward exposed him
to Hepatitis infection.[50]
On the other hand, in respondents' Comment,[51] they submit that Rosales' illness or
condition is not compensable because he did not show substantial evidence proving
that he contracted the illness while on board. Respondents posit that since Hepatitis C
infection is transferred only through blood to blood transfusion, he should have stated
the concrete instance or event when he contracted his illness.[52]
Issues
The issues to be resolved in this petition are:
1. Whether Rosales' Chronic Hepatitis C and fatty liver are work-related and
compensable; and
2. Whether Rosales is entitled to full disability benefits on account of his medical
condition.
Ruling of the Court
Rosales' Chronic Hepatitis C and fatty liver are work-related, thus compensable.
Chronic Hepatitis C is an ailment caused by a bloodborne virus. The World Health
Organization explained the various modes of infection of Hepatitis C virus as follows:
x x x [T]he most common modes of infection are through exposure to small
quantities of blood. This may happen through injection drug use, unsafe
injection practices, unsafe health care, transfusion of unscreened blood and
blood products, and sexual practices that lead to exposure to blood.
xxxx
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66265
5/14