In the case at bar, a reasonable connection between the respondents
injuries and the nature of his job has been established.Thus, as in the above
cited case, it is safe to presume that the arduous nature of the respondents job
caused the respondents illness or at least aggravated any pre-existing condition
he might have had, and is thus work-related.
The earlier-quoted findings of respondents physician indicate that
repeated trauma such as excessive and strenuous physical activities may play a
role in producing back stress, more injuries and disability, hence, his advice for
respondent to refrain from activities producing torsional stress on the back and
those that require repetitive bending and lifting as he is UNFIT to resume his
sea duties.
Petitioners physician herself stated that among the causes of respondents
conditions are trauma, biomechanical stress, and repeated motion on a joint.
[41]
Her observation that there was no overt and direct assault or physical injury
that may have contributed to the MRI findings of Mr. Talaveras lumbar
spine[42] and petitioners argument that no record of an accident was
presented[43] do not persuade. As respondents physician explained, A single
episode of trauma may not initially be significant, but repeated trauma, such as
excessive and strenuous physical activities may play a role.[44]
In their Reply[45] to respondents Position Paper, petitioners did not contest
or disprove respondents claim that prior to June 2003, he had concluded three
contracts with them and that every time he was scheduled for deployment, he
was subjected to medical examination by petitioners designated physician and
had always been declared fit to work.[46] Petitioners failed too to refute,
respondents following claims:
Complainant Talavera as Fitter performed repair and maintenance
works, like hydraulic line return and other supply lines of the vessel; he did all
the welding works and assist[ed] the First and Second Engineer during
overhauling works of generators, engines and others [sic] engineering works
as directed by lifting, carrying, pushing, pulling and moving heavy equipment
and materials and constantly performed overtime works because the ship was
old and always repair jobs are almost anywhere inside the vessel. He found
himself with very few hours rest period.
On several occasions due to his excessive arduous and stressful, both
physical and mental works, he felt slight pains in his back and other parts of
his body, [b]ut ignored the same due to the demands of his works and because