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"[W]e awarded benefits to the heirs of the seafarer therein who worked as
radioman on board a vessel; and who, after ten months from his latest
deployment, suffered from bouts of coughing and shortness of breath,
necessitating open heart surgery. We found in said case that the seafarer's
work exposed him to different climates and unpredictable weather, which
could trigger a heart attack or heart failure. We likewise ruled in said
case that the seafarer had served the contract for a significantly
long amount of time, and that his employment had contributed, even
to a small degree, to the development and exacerbation of the
disease."[25] [Emphasis supplied]
Although the employer is not the insurer of the health of his employees, he takes them
as he finds them and assumes the risk of liability. The quantum of evidence required in
labor cases to determine the liability of an employer for the illness suffered by the
employee under the POEA-SEC is not proof beyond reasonable doubt but mere
substantial evidence, xxx.[26]
All told, petitioner having established through substantial evidence that his illness was
aggravated by his work condition, and hence, compensable, no grave abuse of
discretion can be imputed against the NLRC in upholding the Labor Arbiter's grant of
disability benefits. For reasons herein detailed, the Court finds that the decision of the
NLRC is devoid of capriciousness or whimsicality.
WHEREFORE, premises considered, the petition is GRANTED. The assailed Decision
and Resolution of the Court of Appeals are hereby REVERSED. The decision of the
Labor Arbiter as modified by the decision of the National Labor Relations Commission,
granting petitioner permanent disability benefits and attorney's fees in the sum
equivalent to 10% of the award, is hereby REINSTATED.
SO ORDERED.
Velasco, Jr., (Chairperson), Peralta, Reyes, and Jardeleza, JJ., concur.
March 9, 2016
N O T I C E OF J U D G M E N T
Sirs/Mesdames:
Please take notice that on ___February 24, 2016___ a Decision, copy attached
hereto, was rendered by the Supreme Court in the above-entitled case, the original of
which was received by this Office on March 9, 2016 at 10:48 a.m.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61708
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