6/14/2021 E-Library - Information At Your Fingertips: Printer Friendly presumption of work-relatedness. Failing therein, the seafarer's illness will be deemed work-related, thereby entitling him to receive compensation. Alcid sufficiently established a reasonable nexus between his working conditions as an able seaman and his development of alveolar soft part sarcoma In the performance of his duties as an able seaman, Alcid was exposed to various harmful and injurious chemicals, such as fumes, gasoline, ethylene, propylene, butane, methane, naphthalene, and dust while on-board the M/V Corral Nettuno, an oil chemical tanker. Likewise, he performed strenuous tasks on a daily basis, such as lifting, carrying and moving heavy materials and equipment. He frequently rendered overtime work which added to his stress and fatigue. He also contended with the adverse conditions at sea, and the extreme temperatures which shifted from sweltering heat to intense cold. These daily occurrences made his life on board the vessel physically and mentally taxing. He experienced these stressful conditions over a span of five employment contracts since 2001. It bears noting that Dr. Peneyra identified medical studies which revealed that men exposed to chemicals such as thylene and ethylene oxide developed sarcoma.[94] Alcid's line of work, which involved constant and prolonged exposure to similar harmful carcinogenic chemicals, exacerbated by the stress and fatigue of work on-board, triggered and aggravated his illness. The respondents failed to submit counter-evidence to refute Dr. Peneyra's medical findings. Instead, they adamantly insisted that Alcid's illness was caused by a genetic chromosomal abnormality as stated by Dr. Alegre. Respondents likewise attacked Dr. Peneyra's competence to assess Alcid, and faulted Alcid for not submitting himself for examination to a third physician. The respondents' arguments fail to persuade. The length of time that Dr. Peneyra treated Alcid is irrelevant in disproving the probability that the latter's disease was aggravated by his work. This Court notes that Dr. Alegre and Dr. Peneyra rendered a similar diagnosis both confirmed that Alcid was afflicted with alveolar soft part sarcoma. The only disparity in their assessments is the causal relation of the illness and Alcid's working conditions. On the one hand, Dr. Alegre immediately dismissed the possibility of work connection, tersely concluding, sans any substantiation, that the disease is caused by a genetic chromosomal abnormality. On the other hand, Dr. Peneyra filled in this gap, by elaborating that even though the illness may have been caused by a chromosomal abnormality, there have been medical findings which showed a correlation between exposure to harmful chemicals and the development of sarcoma, thereby proving that Alcid's work conditions aggravated his illness. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66892 11/23

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