increased loading, twisting, or bending and extension of the back, the patient
exposes himself to dangers of enhancing the herniated disc to a more severe
form.
Mr. Talavera should therefore refrain from activities producing torsional stress
on the back and those that require repetitive bending and lifting. His
symptoms
are
also
heightened
by
prolonged
sitting
and
standing. His functional capacity has diminished making it unsafe for him to
work at his previous occupation. He is UNFIT to resume his sea duties.
[30]
(Emphasis in the original; underscoring supplied)
Petitioners argue, however, that respondents injury or illness is not workrelated.[31] They rely on their designated physicians Reply to Medical Query,
stating that respondents conditions could also be attributed to age, genetics,
weight, bone diseases, infections, and unknown factors.[32] They also call
attention to Article XXI, Section 1 of the CBA which requires that disability be
the result of an accident to be compensable.[33]
Indeed, under Section 1 of the CBA which reads:
SECTION 1: A Seafarer who suffers permanent disability as a result of
an accident, regardless of fault but excluding injuries caused by a Seafarers
willful act, whilst in the employment of the Company, including accidents
occurring while traveling to or from the Ship, and whose ability to work is
reduced as a result thereof, shall in addition to sick pay, be entitled to
compensation according to the provisions of the Agreement. The copy/ies of
the medical certificate and other relevant medical reports shall be made
available by the Company to the Seafarer,[34]
disability must be the result of an accident to be compensable.
There is no proof that respondent incurred disability as a result of an
accident. Neither is there proof, however, that, following Section 3 of Article
XXI of the CBA which reads:
xxxx
SECTION 3: Permanent Medical Unfitness A Seafarer whose
disability, in accordance with SECTION 1, is assessed at 50% or more under
the attached APPENDIX B shall, for the purpose of this section be regarded as
permanently unfit for further sea service in any capacity and entitled to 100%
compensation, i.e. US$80,000 for officers and ratings above AB and
US$60,000 for ratings, AB and below.Furthermore, any Seafarer assessed at
less than 50% disability under the Contract but certified as permanently unfit