5/19/2021
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risk of contracting the illness, or aggravated his pre-existing hypertension
that led to his stroke, and for which he should be compensated therefor. As
earlier mentioned, that the work contributed even to a small degree to the
development or aggravation of the disease is enough to warrant
compensation. x x x
It may not be amiss to note at this juncture that due to the lack of proper
medical treatment after his repatriation, the Complainant's medical condition
worsened which ultimately led to a finding of Meningioma, a kind of brain
tumor which is often described as slow-growing x x x. To my mind, despite
having been discovered or diagnosed six (6) months after the Complainant's
repatriation, the said illness nevertheless manifested at the first instance
when he suffered a stroke while on board the vessel. x x x[37]
Thus, the Court adheres to Commissioner Nieves E. Vivar-De Castro in saying that
petitioners having engaged the respondent as hypersensitive as he is, they should now
accept the liability for his ensuing ailment in the course of his employment.[38]
It is not required that an employee must be in perfect health when he contracted the
illness to be able to recover disability compensation.[39] It is equally true, that while
the employer is not the insurer of the health of the employees, once he takes the
employees as he finds them, then he already assumes the risk of liability.[40]
In sum, despite respondent's pre-existing high blood pressure or hypertension, he was
still initially declared fit for sea duty during his PEME. Therefore, his meningioma is
presumed to have been brought about by the nature of his employment and occurred
during and in the course of his employment. This goes without saying that respondent
is entitled to total and permanent disability benefits because, as aptly found by both
the labor arbiter and the CA, he would not be able to resume to his position as a fourth
engineer or, at least, be hired by other maritime employers.[41]
Section 20(B)(6) of the POEA-SEC mandates the employer to pay the seafarer disability
benefits for his permanent total or partial disability caused by the work-related illness
or injury once there is already a finding of permanent either total or partial disability
within the 120-day period or the 240-day period.[42] A permanent disability essentially
means a permanent reduction of the earning power of a seafarer to perform future sea
or on board duties and permanent disability benefits serve as a means to alleviate the
seafarer's financial condition on account of the level of injury or illness he incurred or
contracted.[43]
A reading of the three kinds of liabilities under Section 20(B) of the POEA-SEC means
that the POEA-SEC intended to make the employer liable for (1) the seafarer's sickness
allowance equivalent to his basic wage in addition to the medical treatment that they
must provide the seafarer with at their cost; and (2) seafarer's permanent total or
partial disability as finally determined by the company-designated physician.[44]
The Court ratiocinated that while Section 20 of the POE
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66350
SEC did not state on clear
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