5/28/2020
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[T]he job of a chief engineer is strenuous and stressful. Moreover,
[Margarito] was exposed to hostile working condition and environment. He
was exposed to unhealthy diet on the board the vessel, extreme hot and
cold weather and likewise he was exposed to hazardous chemicals and
substances that are stored in the engine room of the vessel. x x x.[42]
At the very least, these general statements surmise mere possibilities but not the
probability required by law for disability compensation. Mere possibility will not suffice
and a claim will still fail if there is only a possibility that the employment caused or
aggravated the disease.[43]
Even considering that the respondents have shown
probability, their basis is, nonetheless incompetent for being uncorroborated.
Probability of work-connection must at least be anchored on credible information[44]
and not on self-serving allegations.
Likewise deficient is Dr. Vicaldo’s one-line statement in his June 25, 2007 Medical
Report that “[Margarito’s] illness is considered work aggravated/related”[45] as it did
not supply the specific cause of Margarito’s diabetes.
Certainly, disability compensation cannot rest on mere allegations couched in
conjectures and baseless inferences from which work-aggravation or relatedness
cannot be presumed. “[B]are allegations do not suffice to discharge the required
quantum of proof of compensability. Awards of compensation cannot rest on
speculations or presumptions. The beneficiaries must present evidence to prove a
positive proposition.”[46]
Moreover, the very nature of diabetes does not indicate work-relatedness. The World
Health Organization defines diabetes mellitus as a metabolic disorder of multiple
etiology characterized by chronic hyperglycemia with disturbances of carbohydrate, fat
and protein metabolism resulting from defects in insulin secretion, insulin action, or
both.[47]
It is a metabolic and a familial disease to which one is pre-disposed by
reason of heredity, obesity or old age.”[48]
Definitely, work-relatedness cannot be deduced from heredity and old age. Neither can
diabetes by reason of obesity be compensable owing to the fact that obesity is “excess
body weight, defined as a body mass index (BMI) of = 30 kg/m2,” which ultimately
results from a long-standing imbalance between energy intake and energy
expenditure. It does not indicate work-relatedness and by its nature, is more the result
of poor lifestyle choices and health habits for which disability benefits are improper.[49]
While cerebrovascular accident which was the proximate cause of Margarito’s death is
listed as an occupational disease under Section 32 of the POEA-SEC and the
Implementing Rules and Regulations of Title II, Book VI of the Labor Code, its
compensability, however, must conform to following additional conditions, viz:
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