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nature of their ailment, and other factors that may lead to the conclusion that they
contracted a work-related injury.[83] Thus:
x x x this Court observes that all the tribunals below relied on the mere fact
of the 22-year employment of De Leon as the causative factor that triggered
his radiculopathy. They did not even specify his duties as a seafarer
throughout his employment.
At most, respondent merely alleged that in his last stint as a Third Mate, he
was a watchstander. His job entailed that he was responsible to the captain
for keeping the ship, its crew, and its cargo safe for eight hours a day. Still,
he did not particularize the laborious conditions of his work that
would cause his injury.
The CA mentioned that De Leon was consistently engaged in stressful
physical labor throughout his 22 years of employment. But it did not
define these purported stressful physical activities, nor did it point
to any piece of evidence detailing his work.
xxxx
In effect, De Leon failed to show before the labor tribunals his
functions as a seafarer, as well as the nature of his ailment. Absent
these premises, none of the courts can rightfully deduce any
reasonable causal connection between his ailment and the work for
which he was contracted.[84] (emphases supplied)
Consequently, although considered as an occupational disease, respondent's heart
ailment did not satisfy the conditions under Section 32-A (11) 2010 POEA-SEC to be
considered occupational.[85] His aortic valve stenosis not being work-related, the same
is held/deemed not compensable.
As we reiterated in the recent case of Esposo v. Epsilo Maritime Services, Inc.:[86]
Hence, although cardiovascular diseases are listed as occupational diseases,
still, to be compensable under the POEA-SEC, all of the four (4) general
conditions for occupational diseases under Section 32, plus any one (1) of
the conditions listed under Section 32-A for cardiovascular diseases,
must nonetheless be proven to have obtained and/or be obtaining.
Moreover, the same must be work-related and must have existed during the
term of the seafarer's employment.
In the present case, Esposo failed to substantially prove his claim that his
illness was work-related or that it was existing during the time of his
employment with Epsilon. He failed to show that his illness was known to
have been present during his employment or that the nature of his work
brought an acute exacerbation thereof as required under Section 32-A (11)
(a).[87] (boldface in the original)
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65335
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