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mental strain or event, or undue exposure to noxious gases in industry.
b. There must be a direct connection between the trauma or exertion in
the course of employment and the worker’s collapse.
c. If the trauma or exertion then and there caused a brain hemorrhage,
the injury may be considered as arising from work.
....
20. Essential Hypertension
Hypertension classified as primary or essential is considered compensable if
it causes impairment of function of body organs like kidneys, heart, eyes
and brains, resulting in permanent disability; Provided, that, the following
documents substantiate it: (a) chest x-ray report, (b) ECG re[p]ort (c) blood
chemistry report, (d) funduscopy report, and (f) C-T scan. [57]
The POEA contract also states that “illnesses not listed in Section 32 of this contract are
disputably presumed as work related.”[58]
Petitioner argues that all four conditions for compensability under Section 32-A were
satisfied.[59]
He discusses the stressful nature of his work considering the changing
weather conditions and compounded by being away from loved ones.[60] He mentions
that he was declared fit to work after his pre-employment medical examination, thus,
he contracted his illness after exposure to the stressful working conditions.[61] Lastly,
he alleges that there was no notorious negligence on his part.[62]
Both the National Labor Relations Commission and Court of Appeals[63] found that
petitioner failed to prove compliance with the conditions under Section 32 of the POEA
contract, thus, failing to show a causal connection between his illness and his work.
The National Labor Relations Commission discussed as follows:
The main issue that would determine complainant-appellee’s entitlement to
permanent disability is whether his illness is work-related or not. We rule in
the negative. For one, complainant-appellee failed to discharge the burden
of proving the conditions set forth in Section 32-A particularly, that his work
as ordinary seaman involved the risks of having a stroke; that complainantappellee’s hypertension was contracted as a result of his exposure to his
work; that the disease was contracted within the period of exposure and
such other factors necessary to contract it and that there was no notorious
negligence on complainant-appellee’s part. For another and on the contrary,
complainant-appellee admitted that he had a family history of hypertension
and that he smoked about one pack a day for thirty (30) years. Further,
complainant-appellee also failed to prove that his hypertension can be
classified as primary or essential; that he has suffered impairments in his
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