6/14/2021
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within 120 days from repatriation is not a cure-all formula for maritime compensation
cases.[53] Finally, the filing of the labor complaint is premature as Alfredo had not even
obtained a medical assessment from his personal physician when he filed the labor
complaint.[54] MMMI's physicians also had no opportunity to definitely assess Alfredo's
conditions because he was still undergoing treatment.[55]
Ruling of the Court
Under Section 20(A) of the POEA-SEC, an employer shall be liable for a seafarer's
illness or injury when it is proven that: (1) the injury or illness is work-related; and (2)
the work-related injury or illness existed during the term of the seafarer's employment
contract. The POEA-SEC defines a work-related illness as any sickness resulting from an
occupational disease under the non-exhaustive list in Section 32-A. In this case, Alfredo
suffered from cardiovascular events, particularly, a heart attack, which is a listed
occupational illness. For said illness to be compensable, Section 32-A[56] provides for
conditions that need to be satisfied in order to show that a seafarer suffered disabilities
occasioned by a disease contracted on account of or aggravated by working conditions.
We find that Alfredo's coronary arterial disease is work-related and compensable. From
the facts, Alfredo has been working for MMMI for five years. He was rehired and
subjected to a PEME, where he was declared fit to work. The medical history in his
PEME shows that he has a pre-existing coronary hypertension among other illnesses,
which was cleared by the company-designated physicians. Having been cleared and
declared fit to work, Alfredo was deployed for his three-month contract, which was later
extended for another six months. It was on the seventh month of the contract and
while on board the vessel, when Alfredo experienced chest pains and dizziness. The
following day, he again experienced chest pains causing him to be admitted to a
hospital in Africa. He was confirmed to have suffered from a myocardial infarction
(heart attack) and underwent bypass surgery. The foregoing are symptoms for
coronary arterial disease, which was even confirmed by the physicians in Africa.
Considering that the symptoms of the disease manifested onboard the vessel, it
logically follows that Alfredo's working conditions contributed to or aggravated his
illness. Further, the foregoing falls squarely among the conditions provided in Item 11
of Section 32-A to establish work relation and compensability. The pertinent portions of
said provision are emphasized as follows:
xxxx
11. Cardio-vascular events- to include heart attack, chest pain (angina),
heart failure or sudden death. Any of the following conditions must be met:
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
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