6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly 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 elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64175 5/12

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