6/7/2020
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Employment, which contains the Standard Terms and Conditions Governing The
Employment of Filipino Seafarers On-Board Ocean-Going Vessels. The provisions of the
POEASEC are mandated to be integrated in every Filipino seafarer's contract.[21]
In this regard, Section 20(B) of the 2000 POEA-SEC requires an employer to
compensate his employee who suffers from work-related disease or injury during the
term of his employment contract, to quote:
Section 20
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 rules of compensation applicable at the time the
illness or disease was contracted.
For disability to be compensable under Section 20(B) of the 2000 POEA-SEC, it must be
the result of a work-related injury or a work-related illness. The POEA-SEC defines
work-related injury as "injuries resulting in disability or death arising out of and in the
course of employment." On the other hand, work-related illness has been defined as
"any sickness resulting in disability or death as a result of an occupational disease listed
under Section 32-A of this contract with the conditions set therein satisfied."
However, the POEA-SEC's definition of a work-related illness does not necessarily mean
that only those illnesses listed under Section 32-A are compensable. Section 20(B)(4)
of the POEA-SEC provides that illnesses not listed under Section 32 are disputably
presumed as work-related.
This disputable presumption operates in favor of the employee as the burden rests
upon his employer to overcome the statutory presumption. Hence, unless contrary
evidence is presented by the seafarer's employer, this disputable presumption stands.
[22]
In this case, the Court agrees with the CA that the petitioners failed to overcome the
presumption that Dedace's illness is work-related. Dr. Cruz's reply, dated 20 May 2004,
in response to Phil-Man's query on whether Dedace's illness is work-related, cannot be
considered as an effective assessment for purposes of the POEA-SEC.
The POEA-SEC requires the company-designated physician to make an assessment on
the medical condition of the seafarer within one hundred twenty (120) days from the
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