6/7/2020
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Indeed, as Able bodied Seaman at MT North Star, complainant was exposed
to constant inhalation of hydrocarbons including residues and vapors of
paints and paint thinners during their painting jobs especially when he
painted. the confined areas of the vessel. Paints contain toxic chemicals like
lead and benzene which if inhaled would cause health problems including
cardiovascular diseases. Added to that, complainant was also exposed to
frequent consumption of foods rich in cholesterol and sodium that are known
triggers of heart or blood vessel disease. Studies show that CVD or
cardiovascular diseases or heart diseases are diseases that involve the heart
or blood vessels (arteries and veins) and among its risk factors include high
dietary salt intake, dietary saturated fat and cholesterol and stress. Further
studies also show that heart blood vessel disease develop slowly, over
several years. Undoubtedly, taking into consideration the time element from
the date that complainant signed-off from his vessel MT North Star and the
nature of heart disease there is reasonable ground to infer that the
complainant's heart disease and his work are rationally connected. It has
been ruled that the quantum of evidence required in labor cases to
determine the liability of an employer for the illness suffered by an employee
under the POEA-SEC is not proof beyond reasonable doubt but mere
substantial evidence or "such relevant evidence as a reasonable mind might
accept as adequate to support a conclusion." Moreover, complainant had
been deployed successively by respondents in a span of five years since
2007, where he first worked as Able Seaman, a position which he held until
his last contract with MT North Star in 2011. In Seagull Shipmanagement
and Transport, Inc. v. NLRC (388 Phil. 906 [2000]), it was held that "the
seafarer has served contract for a significantly long amount of time, and that
his employment has contributed, even to a small degree, to the
development and exacerbation of his disease.'' Verily, complainant's job as
able bodied seaman had contributed even in a small degree to the
development of his cardiovascular disease.[22]
In affirming the findings of the Labor Arbiter, the NLRC aptly ruled as follows:
It is well-settled that in order for disability to be compensable under the
POEA-SEC, two elements must concur: (1) the injury or illness must be
work-related; and (2) the work-related injury or illness must have existed
during the term of the seafarer's employment contract.
As for the first element, we find substantial basis to conclude that
complainant's heart disease is work-related. Complainant's case falls under
Section 32-A, 11(c) of the 2010 POEA-SEC which states:
If a person who was apparently asymptomatic before being
subjected to strain at work showed signs and symptoms of
cardiac injury during the performance of his work and such
symptoms and signs persisted, it is reasonable to claim causal
relationship.
In the absence of any supporting evidence for both parties, we resolve to
give more credence to complainant's positive assertion that he suffered
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