6/5/2020
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[23]
Petitioners maintain that there is substantial evidence to support their contention that
Gazzingan’s ailment has no work-connection. They contend that Gazzingan’s condition
was caused, not by hypertension, but by atherosclerosis, a congenital disease, the
development of which was hastened by Gazzingan’s smoking habits. The congenital
nature of Gazzingan’s ailment is further buttressed by the result of his PEME indicating
a history of lipoma excision and a finding of left ventricular hypertrophy. Petitioners
aver that respondents cannot simply rely on the presumption of work-relation; they
have to present adequate evidence to overcome Dr. Banaga’s declaration that
Gazzingan’s ailment is congenital. However, they failed to present evidence to prove
that Gazzingan’s work caused or contributed to the development of his ailment.
Our Ruling
The Petition is devoid of merit.
The core issue to be resolved is whether Gazzingan’s illness is work-related and
therefore compensable.
Deemed written in the contract of employment between Gazzingan and petitioners is
the 2000 POEA-SEC,[24] which was issued pursuant to Department Order No. 4 of the
Department of Labor and Employment and POEA Memorandum Circular No. 09, both
series of 2000. Section 20(B) thereof provides:
The liabilities of the employer when the seafarer suffers work-related injury
or illness during the term of his contract are as follows:
xxxx
6. In case of permanent total or partial disability of the seafarer caused by
either injury or illness the seafarer shall be compensated in accordance with
the schedule of benefits enumerated in Section 32 of this Contract.
Computation of his benefits arising from an illness or disease shall be
governed by the rates and rules of compensation applicable at the time the
illness or disease was contracted.
“Pursuant to the aforequoted provision, two elements must concur for an injury or
illness of a seafarer to be compensable. First, the injury or illness must be workrelated; and second, x x x the work-related injury or illness must have existed during
the term of the seafarer’s employment contract.”[25] The 2000 POEA-SEC defines workrelated injury and work-related illness as –
“‘injuries resulting in disability or death arising out of and in the course of
employment” and as “any sickness resulting to disability or death as a result
of an occupational disease listed under Section 32-A of this contract with the
conditions set therein satisfied.’
Section 32-A. OCCUPATIONAL DISEASES
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