G. R. No. 179177 http://sc.judiciary.gov.ph/jurisprudence/2009/july2009/179177.htm B. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS The liabilities of the employer when the seafarer suffers work-related injury or illness during the term of his contract are as follows: xxxx 6. In case of permanent total or partial disability of the seafarer caused by either injury or illness the seafarer shall be compensated in accordance with the schedule of benefits enumerated in Section 32 of this Contract. Computation of his benefits arising from an illness or disease shall be governed by the rates and the rules of compensation applicable at the time the illness or disease was contracted. (Emphasis supplied.) Pursuant to the afore-quoted provision, two elements must concur for an injury or illness to be compensable. First, that the injury or illness must be work related; and second, that the work-related injury or illness must have existed during the term of the seafarers employment contract. The 2000 POEA Amended Standard Terms and Conditions defines "work-related injury" as "injury(ies) resulting in disability or death arising out of and in the course of employment" and "work-related illness" as "any sickness resulting to disability or death as a result of an occupational disease listed under Section 32-A of this contract with the conditions set therein satisfied," that is SECTION 32-A. OCCUPATIONAL DISEASES For an occupational disease and the resulting disability or death to be compensable, all of the following conditions must be satisfied: 1) The seafarers work must involve the risks described herein; 2) The disease was contracted as a result of the seafarers exposure to the described risks; 3) The disease was contracted within a period of exposure and under such other factors necessary to contract it; 4) There was no notorious negligence on the part of the seafarer. Sec. 32-A(11) of the 2000 POEA Amended Standard Terms and Conditions explicitly considers Cardio-Vascular Disease as an occupational disease if the same was 17 of 29 1/28/2016 1:07 PM

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