6/7/2020
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In the present case, it is undisputed that petitioner suffered an illness while on board
the M/V Crystal Serenity. What needs to be determined is whether petitioner's illness is
work-related, and, therefore, compensable.
According to the VA, petitioner suffered from "cancer of the urinary bladder" due to the
malignant tumors found in his urinary bladder.[17] The VA then considered the illness as
work-related based on Section 32[18] of POEA-SEC. The VA added that even if
petitioner's illness is not among those specifically mentioned in Section 32, the same is
deemed work-related since the risk factors for the illness include occupational exposure
to aromatic amines as stated on the company doctors' medical certification.
The CA, meanwhile, concluded that petitioner failed to discharge the burden of proving
the causality of his illness and his work with the respondents. Coupled with the
petitioner's failure to seek the opinion of a third doctor, the appellate court gave more
weight and credence to the Grade 7 final disability rating given by the respondents'
doctors.
As a rule, the Court does not review questions of fact, but only questions of law, in an
appeal by certiorari under Rule 45 of the Rules of Court.[19] It is not to reexamine and
assess the evidence on record, whether testimonial and documentary.[20] Nevertheless,
this rule admits of certain exceptions,[21] such as when the findings of fact of the lower
courts or tribunals are conflicting, as in the instant case.
We are inclined to agree with the findings of the VA.
The Medical Abstract/Discharge Summary[22] dated January 23, 2015 contains the
following entries:
Discharge Impression or Diagnosis:
BLADDER CANCER
s/p TUR-BT (2014)
s/p INTRAVESICAL CHEMOTHERAPY (1st SESSION, 01/22/15)
(Emphasis supplied)
While the medical report dated March 6, 2015 issued by respondents' doctor states:
1. The prognosis is fair.
2. The plan of further management, estimated length and cost of further treatment
will depend on the result of the recommended cystoscopy and bladder tumor
check.
3. The risk factors are occupational exposure to aromatic amines and
cigarette smoking.
4. The interim disability grading under the POEA schedule of disabilities is Grade 7 –
moderate residuals or disorder of the intrabdominal organ.[23] (Emphasis
supplied)
No less than respondents' doctor diagnosed the petitioner with bladder cancer and
opined that his occupation exposed him to elements that increased his risk of
contracting the illness. As found by the VA, petitioner was employed by the
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