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sustained during the term of the contract. The Court has declared that the unqualified
phrase “during the term” found in Section 20(B) thereof covered all injuries or illnesses
occurring during the lifetime of the contract.[44]
It is the oft-repeated rule, however, that whoever claims entitlement to the benefits
provided by law should establish his right to the benefits by substantial evidence.[45] As
such, Tanawan must present concrete proof showing that he acquired or contracted the
injury or illness that resulted to his disability during the term of his employment
contract.[46] Proof of this circumstance was particularly crucial in view of his nonreporting of the injury to the petitioner. Yet, he did not present any proof of having
sustained the eye injury during the term of his contract. All that he submitted was his
bare allegation that his eye had been splashed with some thinner while he was on
board the vessel. He also did not adduce any proof demonstrating that the splashing of
thinner could have caused the retinal detachment with vitreous hemorrhage. At the
very least, he should have adduced proof that would tie the accident to the eye injury.
We note at this juncture that even the certification by Dr. Bunuan provided no
information on the possible cause of the eye injury.
Consequently, the claim for disability benefit for the eye injury is denied in view of
Tanawan’s non-reporting of the injury to the petitioner and of his failure to prove that
the injury. was sustained during the term of his employment.
WHEREFORE, the Court PARTIALLY GRANTS the petition for review; and DELETES
the award of US$20,900.00 as disability benefits for the eye injury.
No pronouncement on costs of suit.
SO ORDERED.
Sereno, C.J, Leonardo-De Castro, Villarama, Jr., and Reyes, JJ., concur.
[1] Rollo, pp. 35-46; penned by Associate Justice Ruben T. Reyes (later Presiding Justice
and a Member of the Court, but now retired), with Associate Justice Remedios SalazarFernando and Associate Justice Edgardo E. Sundiam (deceased) concurring.
[2] Records, p. 2.
[3] Id., at 27.
[4] Id., at 29.
[5] Id., at 30.
[6] Id., at 68-69.
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