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activities;
d. Extreme temperature changes (humidity, heat and cold exposures) and;
e. Faulty work posture or use of vibratory tools.
In Centennial Transmarine, Inc. V. Quiambao,[30] where the seafarer was
diagnosed with Osteoarthritis, the Court ruled that since the seafarer's work involved
carrying heavy loads and the performance of other strenuous activities, it can
reasonably be concluded that his work caused or at least aggravated his illness. The
Court declared the seafarer's ailment to be work-related and compensable or was
aggravated by his work condition.
Further, in De Leon v. Maunlad Trans., Inc.,[31] the Court considered the
headwaiter's work as a contributory factor in the development of his illness because he
had already experienced its symptoms during his employment contract with
respondents therein prior to his last employment contract with them.
Here, it cannot be denied that petitioner's work was contributory in causing or, at least,
increasing the risk of contracting his illness.
For one, a headwaiter's tasks involve carrying heavy food provisions; cleaning the
galley, pantries, and store rooms; washing, cleaning and preparing tables; serving
food; restocking supplies in pantries, and exposure to extreme temperature changes.
Surely, under these prevailing conditions at work, petitioner's osteoarthritis could be
considered as having arisen in the course of his employment either by direct causation
or aggravation due to the nature of his work.
For another, petitioner had been performing the same tasks and exposed to the same
risks during his employment with respondents, not just under the last but even under
his prior contract of employment with them. As shown in his private physician's medical
report, petitioner had been working for respondents as headwaiter for a long time even
before his last employment contract with them in July 2014. It also reveals that
symptoms of his illness had already manifested as early as January 2014 while he was
working for respondents as team headwaiter in his last assignment on board the same
ship, M/V Carnival Inspiration. A sharp pain also radiated down his knee when he knelt
down to clean the dining table. Due to the recurrent knee pain despite medication, he
was certified unfit to work and eventually repatriated on January 17, 2014.
Upon repatriation, he was referred to the company-designated physician. He underwent
arthroscopy or knee surgery in February 2014, followed by a series of physical therapy
and regular medical evaluation until he was certified fit to work on May 2014.
Thereafter, he resumed his work with respondents in July 2014 under the subject
contract of employment, during which, he got injured again in his right knee in October
2014. Despite his persistent and worsening knee pain and the shore side doctor's
advice for surgery, petitioner continued with his tasks, taking only pain relievers to get
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