Heirs of Aniban vs NLRC : 116354 3 of 5 http://sc.judiciary.gov.ph/jurisprudence/1997/dec1997/116354.htm abuse of discretion. As regards the second issue, i.e., whether the death of Reynaldo Aniban due to myocardial infarction is compensable, the POEA ruled in the affirmative when it likened the infirmity to a "heart attack" commonly aggravated by pressure and strain. It was observed that R/O Aniban, in addition to undergoing physical exertion while performing his duties as radio operator, was also exposed to undue pressure and strain as he was required to be on call twenty-four (24) hours a day to receive/transmit messages and to keep track of weather conditions. Such pressure and strain were aggravated by being away from his family, a plight commonly suffered by all seamen. In the case of R/O Aniban, the separation was particularly distressful as his pregnant wife was due to deliver their fourth child. Hence, the POEA ruled that myocardial infarction was an occupational disease. We cannot rule otherwise. Reynaldo Aniban was healthy at the time he boarded the vessel of his foreign employer. His medical records reveal that he had no health problem except for a "defective central vision secondary to injury." [12] Hence, he was certified "fit to work as radio operator" by the examining physician. However, R/O Aniban died three (3) months after he boarded "Kassel" due to myocardial infarction. As aforesaid, the POEA ruled that the cause of death could be considered occupational. Being a factual finding by the administrative agency tasked with its determination, such conclusion deserves respect and must be accorded finality. [13] Besides we have already repeatedly ruled that death due to myocardial infarction is compensable. [14] In Eastern Shipping Lines, Inc. v. POEA, [15] although compensability was not the main issue, we upheld the decision of the POEA adjudging as compensable the death of a seaman on board the vessel of his foreign employer due to myocardial infarction. Although it may be conceded in the instant case that the physical exertion involved in carrying out the functions of a radio operator may have been quite minimal, we cannot discount the pressure and strain that went with the position of radio operator. As radio operator, Reynaldo Aniban had to place his full attention in hearing the exact messages received by the vessel and to relay those that needed to be transmitted to the mainland or to other vessels. We have already recognized that any kind of work or labor produces stress and strain normally resulting in the wear and tear of the human body.[16] It is not required that the occupation be the only cause of the disease as it is enough that the employment contributed even in a small degree to its development. [17] It must be stressed that the strict rules of evidence are not applicable in claims for compensation considering that probability and not the ultimate degree of certainty is the test of proof in compensation proceedings. [18] It is a matter of judicial notice that an overseas worker, having to ward off homesickness by reason of being physically separated from his family for the entire duration of his contract, bears a great degree of emotional strain while making an effort to perform his work well. The strain is even greater in the case of a seaman who is constantly subjected to the perils of the sea while at work abroad and away from his family. In this case, there is substantial proof that myocardial infarction is an occupational disease for which Aniban's employer obligated itself to pay death benefits and additional compensation under the CBA in the event of the demise of its employee by reason thereof. On the award of attorney's fees which NLRC deleted on the ground that there was no unlawful withholding of wages, suffice it to say that Art. 111 of the Labor Code does not limit the award of attorney's fees to cases of unlawful withholding of wages only. What it explicitly prohibits is the award of attorney's fees which exceed 10% of the amount of wages recovered. Thus, under the circumstances, attorney's fees are recoverable for the services rendered by petitioner's counsel to compel Aniban's employer to pay its monetary obligations under the CBA. 1/25/2016 12:42 AM