1/4/2021 E-Library - Information At Your Fingertips: Printer Friendly On May 26, 2015, the CA rendered its Decision[25] reversing the decision of the NLRC and granting respondent's claim for permanent and total disability benefits.[26] It was held by the CA that the second medical findings of the company-designated physician found that respondent is suffering from post-infectious arthritis: gouty arthritis. It is highly probable that such infection was acquired while onboard the ship as he was given a clean bill of health prior to boarding.[27] Further, such gouty arthritis was caused by high purine diet and it was shown that the foods onboard the ship is rich in purine. Hence, it is plausible that his gouty arthritis became worse because of such diet onboard the ship.[28] Because of the granting of respondent's claim, petitioners filed this Petition for Review on Certiorari, assailing the CA's decision and resolution granting respondent's claim. The Issue The sole issue in this case is whether gouty arthritis is a work-related condition and is therefore compensable. The Ruling of the Court Section 20(A)(4) of the POEA-SEC provides that even those illnesses not listed in Section 32 are still disputably presumed as work-related. Not having been listed in Section 32, post infectious arthritis: gouty arthritis, which respondent was diagnosed to be suffering from, is presumed to be work-related. While the law disputably presumes an illness to be work-related, nevertheless, there is no similar presumption of compensability accorded to a seafarer. Section 32-A of the POEA-SEC enumerates the conditions for an occupational disease (and non-listed illness) to be compensable, namely: (1) the seafarer's work must involve the risks described herein; (2) the disease was contracted as a result of the seafarer's exposure to the described risks; (3) the disease was contracted within a period of exposure and under such other factors necessary to contract it; and (4) there was no notorious negligence on the part of the seafarer. The disputable presumption that a seafarer's sickness is work-related does not mean that he would only sit idly while waiting for the employer to dispute the presumption. For compensability, the seafarer is still burdened to present substantial evidence that his work conditions caused or at least increased the risk of contracting the disease and only a reasonable proof of work connection, not direct causal relation is required.[29] In this case, respondent relied on the certifications issued by Dr. Lim, a medical specialist, and Dr. Cruz-Balbon, company-designated physician, that the cause of gouty arthritis could be one's high purine diet, genetic predisposition and under excretion of urate. It must be emphasized here that such certifications came from the doctors employed by petitioners. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65498 3/6