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reasonable mind might accept as adequate to support a conclusion, even if other
equally reasonable minds might conceivably opine otherwise.[33] To our mind,
Calawigan’s unsubstantiated assertion that he requested for a post-employment
medical examination from LISI does not even come close to approximating the
foregoing quantum of proof. Given that compliance with said requirement is mandatory
and the unexplained omission thereof will bar the filing of a claim for disability benefits,
[34] the CA clearly erred when it adjudged Calawigan entitled to sickness allowance and
permanent disability compensation despite his failure to abide by the procedure
outlined under the POEA-SEC. As it would be fairly easy for a physician to determine
whether the injury or ailment is work-related within three-days from repatriation, to
ignore the requirement would set a precedent with negative repercussions which would
open the floodgates to a limitless number of seafarers claiming disability benefits.[35]
Even if we were to disregard the fact, however, that the POEA-SEC recognizes only the
disability grading provided by the company-designated physician,[36] LISI correctly
faults the CA for awarding disability benefits corresponding to the Grade 3 disability
rating assessed by Dr. Mendiola. The record shows that on 5 July 2005, Dr. Mendiola
issued the following medical certificate in favor of Calawigan, to wit:
This is to certify that Mr. Enrique Calawigan, 46 years old, was seen and
examined by the undersigned last June 26, 2005 due to hearing impairment
on both ears.
Pure tone audiometry was requested which revealed moderate bilateral
sensorineural hearing loss (Grade 3). Tympanometry showed
ossicular disarticulation on right ear; normal findings on left ear.
This medical certificate was issued upon request for whatever purpose it
may serve.[37]
For an occupational disease and the resulting disability to be compensable, all of the
following conditions must be satisfied under the POEA-SEC: (1) the seafarer’s work
must involve the risks described in the contract; (2) the disease was contracted as a
result of the seafarer's exposure to the described risks; (3) the disease was contracted
within a period of exposure and under such other factors necessary to contract it; and
(4) there was no notorious negligence on the part of the seafarer.[38] Deafness is listed
as an occupational disease for work in “any industrial operation having excessive noise
particularly in the higher frequencies” or “any process carried on in compressed or
rarified air.”[39] Sec. 32 of the POEA-SEC assigns the following disability grades for ear
injuries or ailments, viz.:
SECTION 32. SCHEDULE OF DISABILITY OR IMPEDIMENT FOR INJURIES
SUFFERED AND DISEASES INCLUDING OCCUPATIONAL DISEASES OR
ILLNESS CONTRACTED.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55413
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