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preservative foods that are not easily digested.[33] He also explained that his duties as
third engineer exposed him to hazardous chemicals, smoke emissions, combustion in
the engine room, which could have weakened his immune system and increased his
susceptibility to infectious virus or bacteria.[34] John Hopkins Medicine states that
various infections such as virus, bacteria, or parasites in the digestive tract could lead
to the inflammation of the appendix.[35] Clearly, there is risk of contracting the illness
by Macahilas's working condition.
Aside from the disputable presumption of work-relatedness of appendicitis, Macahilas
was able to establish the causal connection between his work and his illness. We have
held that "it is enough that the work has contributed, even in a small degree, to the
development of the disease[illness] since strict proof of causation is not required. Only
reasonable proof of work-connection and not direct causal relation is required to
establish compensability."[36] The explanations of Macahilas, coupled with his
undisputed claims on limited food options on board the vessel and that his work was
strenuous and entailed exposure to hazardous chemicals, reasonably establish the
work-relatedness of his illness.
Anent the diagnosis for fistula and hernia, We find the same to be work-related. The
CT-scan results of Macahilas's abdomen area showed that said conditions were located
at the surgical/incisional site.[37] Fistula is defined as "an abnormal connection between
two body parts, such as an organ or blood vessel and another structure. Fistulas are
usually the result of an injury or surgery."[38] Incisional hernia, on the other hand,
"occurs at or in close proximity to a surgical incision through which intestine, organ or
other tissue protrudes. Incisional hernias result from a weakening of the abdominal
muscle due to a surgical incision."[39] Thus, the subsequent conditions of Macahilas
clearly resulted from the surgery for appendicitis in a hospital in Mexico, where he was
brought by his employer.
As to how much benefits should be paid to Macahilas, We find BSM liable for
US$60,000.00 representing permanent and total disability benefits for failure of the
company-designated physician to issue a final and definitive assessment within the
120/240-day mandated period.[40] A final, conclusive and definite assessment must
clearly state whether the seafarer is fit to work or the exact disability rating, or whether
such illness is work-related, and without any further condition or treatment.[41] It
should no longer require any further action on the part of the company-designated
physician and it is issued by the company-designated physician after he or she has
exhausted all possible treatment options within the periods allowed by law.[42] In view
of the foregoing, We cannot consider as valid and final an assessment merely stating
that the illness of a seafarer is not work-related. Even with said assessment, the
company-designated physician is bound to timely issue a fit to work assessment or
disability grading. Here, the fitness assessment was issued 419 days after Macahilas's
repatriation. Facts also show that Macahilas's illness was assessed as not work-related
on the same day of his medical repatriation on January 17, 2014. Records[43] show
that Macahilas must still undergo further examination of his condition. He was even
under the care of the company-designated physician thereafter and was subjected to a
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