5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly (ASIA) PTE, Ltd. are jointly and severally liable to pay petitioner Juanito G. Bengson the amount of Sixty Thousand U.S. Dollars (US$60,000.00) representing 120% of the compensation benefit under the 2000 POEA Standard Terms and Conditions Governing the Employment of Filipino Seafarers on Board Ocean-Going Vessels. SO ORDERED.[17] The CA held that Bengson’s exposure to different hazards on board petitioners’ vessel, the performance of his functions as Third Mate, and the extraordinary physical and mental strain required by his position caused him to suffer his present illness, which requires continuous medication to date. It held that as Third Mate, Bengson is a licensed member of the deck department of his ship and is under the supervision of the Chief Mate. He traditionally stands [an] “8-12” watch: from 8am until 12 noon and 8pm until midnight. At sea, the mate on watch has three fundamental duties: to navigate the ship, to safely avoid traffic, and to respond to any emergencies that may arise. He also has special responsibilities to keep the ship seaworthy during fire and loss of stability, and providing aid and maintaining safety during man overboard, abandoning ship, and medical emergencies. Indeed, in performing his functions as a Third Mate, [Bengson’s] position requires a thorough knowledge of the environment in which he is operating, otherwise, the safety of the ship would be endangered. In addition, [Bengson] was performing a minimum of 40 hours a week and was made to work under the heat of the sun. [Bengson] has also been subjected to this same kind of work as a Third Mate for twelve (12) years since he was continuously rehired and deployed after the expiration of his employment contract. He has no known disease or illness based on his PreEmployment Medical Examination, thus, bolstering petitioner’s claim that his illness was caused by his strenuous activities on board the vessel.[18] The CA added that in the course of performing his duties, Bengson suffered a stroke or cerebro-vascular accident (CVA), which means that a blood vessel within or about his brain burst which caused cerebral or intracranial hemorrhage; that such illness is an occupational disease under Section 32-A (12) of the POEA-SEC; that according to Agbayani’s Cerebrovascular Investigation Form, Bengson suffered from stroke, hypertension, carotid bruit, Transient Ischemic Attack (T.I.A.), Hemiplegia, and Amaurosis Fugax; that the disease being work-related, Agbayani should have made a declaration either of fitness or disability, which he failed to do up to this day; that the failure to make a declaration entitles Bengson to permanent total disability benefits in the amount of US$60,000.00 in accordance with Sections 20[19] and 32[20] POEA-SEC, and not US$137,500.00 under the IBF JSU/AMOSUP-IMMA CBA applies only in case of accident; and finally, that an award of attorney’s fees is as the case is one for recovery of wages and indemnity under employer’s liability elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57809 of the which proper laws. 5/13