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related.” The said provision explicitly establishes a presumption of
compensability although disputable by substantial evidence. The
presumption operates in favor of Laurel as the burden rests upon the
employer to overcome the statutory presumption. Hence, unless contrary
evidence is presented by the seafarer’s employer/s, this disputable
presumption stands. In the case at bench, other than the alleged declaration
of the attending physician that Laurel’s illness was not work-related, the
petitioners failed to discharge their burden. In fact, they even conceded that
hyperthyroidism may be caused by environmental factor.[56]
Similarly in Jebsens Maritime, Inc. v. Babol:[57]
The Principle of Work-relation
The 2000 POEA-SEC contract governs the claims for disability benefits by
respondent as he was employed by the petitioners in September of 2006.
Pursuant to the said contract, the injury or illness must be work related and
must have existed during the term of the seafarer’s employment in order for
compensability to arise. Work-relation must, therefore, be established.
As a general rule, the principle of work-relation requires that the disease in
question must be one of those listed as an occupational disease under Sec.
32-A of the POEA-SEC. Nevertheless, should it be not classified as
occupational in nature, Section 20 (B) paragraph 4 of the POEA-SEC
provides that such diseases are disputed are disputably presumed as
work-related.
In this case, it is undisputed that NPC afflicted respondent while on board
the petitioners’ vessel. As a non-occupational disease, it has the disputable
presumption of being work-related. This presumption obviously works in
the seafarer’s favor. Hence, unless contrary evidence is presented
by the employers, the work-relatedness of the disease must be
sustained.
And in Fil-Star Maritime Corporation v. Rosete:[58]
Although Central Retinal Vein Occlusion is not listed as one of the
occupational diseases under Section 32-A of the 2000 Amended Terms of
POEA-SEC, the resulting disability which is loss of sight of one eye, is
specifically mentioned in Section 32 thereof (Schedule of Disability or
Impediment for Injuries Suffered and Diseases Including Occupational
Diseases or Illness Contracted). More importantly, Section 20 (B),
paragraph (4) states that “those illnesses not listed in Section 32 of
this Contract are disputably presumed as work-related.”
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