5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly The CA correctly ruled that the findings of the LA, as affirmed by NLRC, that Martinez' colon cancer is work-related or work-aggravated is supported by substantial evidence while the certification by the company-designated doctors that Martinez' illness is "likely not work-related'' is uncertain and incomplete, thus: We thus give credence to the Labor Arbiter's observation on Matinez' illness, to wit: In this case, the complainant was only 48 years old at the time that his illness was discovered and his medical history does not reveal any genetic predisposition to cancer. Thus, the risk factor left was diet rich in saturated fat, fatty acid and linoleic acid, which were all attendant in the provisions on board the vessel. It bears to point out that the complainant has been with respondents since 1994. That prior deployment to his latest contract on board Overseas Antigmar as Chief Cook, he was found fit to work and fit for sea duty. That it was only when he was serving his contract on board Overseas Antigmar that he suffered abdominal pains and was thereafter diagnosed with Colon Cancer. Most of his adult life, was spent working under the employ of the respondents, on board their vessels, consuming provisions which mostly consists of high fat and red meat, coupled with his working conditions can be said to have played a vital role in aggravating his illness. In refusing to pay total and permanent disability benefits, OSG and Pacific Ocean Manning relied on the certification of the company-designated doctor that Martinez' illness is "likely not work-related". This statement is inconclusive and there is no explanation on how the company physician made this opinion. At any rate, it can also be argued that Martinez' illness is "likely work-related. We must stress that to establish compensability of a non-occupational disease, reasonable proof of work- connection and not direct causal relation is required. Probability, not the ultimate degree of certainty, is the test of proof in compensation proceedings. Accordingly, since Martinez has been working for OSG and Pacific Ocean Manning for almost twenty years and has been eating frozen, fatty and salty food during his employment, his illness was essentially work-related or work-aggravated. He is entitled to permanent and total disability'benefit.[17] The CA likewise properly explained why the claim of Messman Daet as to the working condition and healthful diet of the crewmen of MT Overseas Antigmar is given lesser credence than that of the Martinez' evidence, to wit: In this case, both parties, petitioners and private respondent, agree that the risk factor of colon cancer is "diet rich in saturated fat." Martinez claims that he has been working for OSG and Pacific Ocean Manning since 1994 and the meals served during this period were lengthily frozen, salty, fatty, and the water was substandard. This claim was refuted by Messman Mervin Balane Daet who stated that "the crew was provided safe and healthful working https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66703 5/9