6/14/2021 E-Library - Information At Your Fingertips: Printer Friendly WHEREFORE, premises considered, the appeal under consideration is GRANTED and the assailed Decision dated October 8, 2010 of the Office of the Panel of Voluntary Arbitrators of the NCMB is hereby REVERSED and SET ASIDE. SO ORDERED.[47] (Emphasis in the original) Undeterred, petitioners filed the instant Petition for Review on Certiorari[48] under Rule 45 of the Rules of Court. Issue The pivotal issue raised in the instant case is whether or not Alcid is entitled to (i) disability benefits under the CBA or the POEA-SEC; (ii) sickness allowance; (iii) reimbursement of medical expenses; and (iv) attorney's fees. Petitioners maintain that Alcid is entitled to disability benefits under the CBA, sickness allowance and reimbursement of his medical expenses. During his employment, he was exposed to carcinogens such as benzene, hydrocarbons, chemicals, crude oil, gasoline, lubricants and other harmful cleaning solutions. He likewise suffered from extreme weather conditions involving intense heat and freezing cold. His long period of exposure, which spanned over five terms, contributed to the development or aggravation of his illness.[49] Moreover, petitioners claim that the CA erred in giving more credence to the findings of the company-designated physician, who is not an expert in the field of cancer.[50] On the other hand, Alcid's chosen physician, Dr. Peneyra, is an oncologist. In her Medical Abstract, she cited studies which showed that employees exposed to certain gases and chemicals developed sarcomas.[51] Furthermore, petitioners aver that Alcid should not have been faulted for the failure to obtain the opinion a third doctor. He manifested his willingness to submit himself for examination by a third doctor,[52] which the respondents ignored.[53] Alternatively, petitioners urge that if the CBA provision on disability does not apply, Alcid is at least entitled to full disability benefits under the POEA-SEC in the amount of US$60,000.00.[54] After his repatriation, he was no longer able to work due to his illness. In fact, he even died because of it.[55] The inability of the seafarer to perform his customary work for more than 120 days constitutes total and permanent disability. [56] Finally, Alcid is entitled to attorney's fees, as he was compelled to litigate to defend his rights and interests.[57] On the other hand, the respondents counter that Alcid's illness is not work­ related. First, it is not included in the list of occupational diseases under the POEA-SEC.[58] Second, Alcid failed to prove a causal connection between his work and his illness.[59] The NCMB erred in excusing Alcid from the obligation of proving causation.[60] Third, the company-designated physician confirmed that Alcid's disease was caused by a https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66892 5/23