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his illness which prevents him from obtaining gainful employment; and that the POEA
SEC is a contract of adhesion that should be construed liberally in his favor, and strictly
against petitioners.
Our Ruling
The Court denies the Petition.
Respondent's POEA SEC
Petitioners insist that respondent's employment contract expired before he contracted
his illness; however, the evidence clearly belies such claim. His 10-month POEA SEC
was dated June 5, 2008; he was deployed on July 5, 2008, and repatriated on March
22, 2009 - or sometime during the ninth or tenth month of his POEA SEC. Petitioners
seem to base their argument on respondent's previous contract, and not the current
one in issue.
Compensability
On the issue of compensability, there is no question that respondent's condition —
"coronary artery disease, three-vessel involvement" — is a covered illness. It has
consistently been held that cardiovascular disease, coronary artery disease, as well as
other heart ailments, are compensable.[47] It likewise remains undisputed that given
his 12 years of employment with petitioners and the conditions he was subjected to as
a seafarer, respondent's illness can be attributed to his work. As correctly held by the
CA, there is a reasonable connection between respondent's work and the development
and exacerbation of his heart ailment. During his employment as seafarer, respondent
was consistently exposed to varying temperatures and harsh weather conditions as the
ship crossed ocean boundaries, and he may have been required to perform overtime
work. Indeed, "any kind of work or labor produces stress and strain normally resulting
in wear and tear of the human body."[48] Moreover, as seafarer, respondent was
constantly plagued by homesickness and emotional strain as he is separated from his
family, even as he had to contend with the perils of the sea while at work.[49]
Company-designated physician's Assessment
Under Article 192 (c)(l) of the Labor Code[50] and Rule X, Section 2 of the Amended
Rules on Employees Compensation,[51] the company-designated physician must arrive
at a definite assessment of the seafarer's fitness to work or permanent disability within
the period of 120 or 240 days; if he fails to do so and the seaman's medical condition
remains unresolved, the latter shall be deemed totally and permanently disabled.
Respondent was repatriated on March 22, 2009 and was examined and treated by the
company-designated physician. On May 30, 2009, he was found to be suffering from
"coronary artery disease, three-vessel involvement," and recommended to undergo
CABG, or bypass surgery. However, instead of the recommended bypass surgery,
respondent underwent percutaneous coronary intervention or angioplasty - an
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