8/26/2020
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32-A(21) of the 2010 POEA-SEC for degenerative changes in the spine (osteoarthritis),
which is listed as an occupational disease, were satisfied. Thus:
Moreover, degenerative changes of the spine, also known as osteoarthritis,
is a listed occupational disease under Sub-Item Number 21 of Section 32-A
of the 2010 POEA-SEC if the occupation involves any of the following:
a. Joint strain from carrying heavy loads, or unduly heavy physical labor, as
among laborers and mechanics;
b. Minor or major injuries to the joint;
c. Excessive use or constant strenuous usage of a particular joint, as among
sportsmen, particularly those who have engaged in the more active sports
activities;
d. Extreme temperature changes (humidity, heat and cold exposures) and;
e. Faulty work posture or use of vibratory tools[.]
Here, petitioner, as Bosun of respondents' cargo vessel that
transported logs, undeniably performed tasks that clearly involved
unduly heavy physical labor and joint strain. Hence, the NLRC cannot
be faulted in finding petitioner's back problem to be work-related.
(emphases supplied)
Clearly, the mere fact that a seafarer's disability exceeded 120 days, by itself, is not a
ground to entitle him to full disability benefits. Such should be read in relation to the
provisions of the POEA Standard Employment Contract which, among others, provide
that an illness should be work related. Without a finding that an illness is work-related,
any discussion on the period of disability is moot.[69]
Cardiovascular disease is listed m Sec. 32-A as an occupational disease.
However, for cardiovascular disease to constitute as an occupational disease for which
the seafarer may claim compensation, it is incumbent upon the seafarer to show that
he developed the same under any of the following conditions identified in Section 32A(11)[70]:
a. If the heart disease was known to have been present during
employment, there must be proof that an acute exacerbation was
clearly precipitated by an unusual strain by reasons of the nature of his
work;
b. The strain of work that brings about an acute attack must be sufficient
severity and must be followed within 24 hours by the clinical signs of a
cardiac insult to constitute causal relationship;
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