5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly Thus, the seafarer may receive US$60,000.00 if he has a Grade 1 Disability Grade, US$20,900.00 if Grade 7, or US$5,225.00 if Grade 12. On the other hand, if a seafarer seeks disability benefits under the second type (not listed as an occupational disease under Section 32-A), the seafarer must prove the reasonable linkage between his disease and his work. The seafarer must prove that his work may have contributed to the establishment or, at the very least, aggravation of any pre-existing condition he might have had. This means that the seafarer must prove: the risks involved in his work; his illness was contracted as a result of his exposure to the risks; the disease was contracted within a period of exposure and under such other factors necessary to contract it; and he was not notoriously negligent. Assuming these are proven, the seafarer must also provide a disability grade following Section 32 as shown above. More importantly, the rule applies that whoever claims entitlement to benefits provided by law should establish his right thereto by substantial evidence[37] which is more than a mere scintilla; it is real and substantial, and not merely apparent.[38] Further, while in compensation proceedings in particular, the test of proof is merely probability and not ultimate degree of certainty,[39] the conclusions of the court must still be based on real evidence and not just inferences and speculations.[40] Here, it is not disputed that Salenga was lined-up for re-deployment and during his pre-employment medical examination for such re-deployment, he was found to have been suffering from cardiovascular disease and Type II Diabetes Mellitus. In order to be considered as work-related illnesses, Salenga was required to present substantial evidence of how his illnesses are work-related. For his cardiovascular disease, Section 32-A, on the list of occupational illnesses, finds no application. Although cardiovascular and cerebro-vascular events are listed as occupational illnesses in paragraphs 11 and 12 of Section 32-A, the conditions stated therein show that such events, in order to be considered as work-related, should manifest themselves while the seafarer was at work. Thus: 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 a causal relationship https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66256 13/17