8/20/2020
E-Library - Information At Your Fingertips: Printer Friendly
(POEA Standard Employment Contract) defines a work-related illness as "any sickness
as a result of an occupational disease listed under Section 32-A of this Contract with
the conditions set therein satisfied."[65] The conditions under Section 32-A are:
SECTION 32-A. Occupational Diseases. For an occupational disease and the resulting disability or death to be
compensable, all of the following conditions must be satisfied:
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.
Petitioner's heart ailments are classified under a cardiovascular event, as defined in
Section 32-A(11) of the POEA Standard Employment Contract:
Section 32-A. Occupational Diseases. ....
The following diseases are considered as occupational when contracted
under working conditions involving the risks described herein:
Occupational Disease
....
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
b. the strain of work that brings about an acute attack must be sufficient
severity and must be followed within 24 hours by the clinical signs of a
cardiac insult to constitute causal relationship
c. if a person who was apparently asymptomatic before being subjected to
strain at work showed signs and symptoms of cardiac injury during the
performance of his work and such symptoms and signs persisted, it is
reasonable to claim a causal relationship
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64956
7/16