6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly declared him fit to work within the period set by the rules, the petitioners submit that Suarez is not entitled to disability compensation and to attorney's fees. Suarez's Comment In his comment[21] filed on November 18, 2013, Suarez prays for a dismissal of the petition with the submission that the NLRC decision that was affirmed by the CA is supported by substantial evidence, relevant jurisprudence and the provisions of the POEA-SEC. He maintains that the CA acted judiciously in upholding the findings of the NLRC that because of his disability, he had become totally unfit to work as a seafarer in any capacity as a result of the illness he contracted on board the petitioners' vessel. He insists that he is entitled to full disability compensation. The petitioners, he tells the Court, "had failed to come up with new issues, new arguments, new evidence or new matter"[22] that will justify a review of the case. The Court's Ruling We find merit in the petition. The facts, the law and relevant jurisprudence militate against the award of permanent total disability benefits to Suarez. First. It appears that Suarez's illness, hydronephrosis secondary to UJO, right (a kidney ailment) is not work-related and therefore not compensable. Under Section 20 (B) 3 of the POEA-SEC, the employer is liable only for compensation/benefits when the seafarer suffers work-related injury or illness during the term of the contract. [23] Even the disputed AMOSUP CBA (invoked by Suarez but rejected by the NLRC) states that a seafarer who suffers permanent disability as a result of work related illness or from an injury as a result of an accident, shall in addition to sick pay, be entitled to compensation according to the provisions of the CBA.[24] Also, UJO is not an occupational disease as it does not appear in the list of occupational diseases under Section 32-A of the POEA-SEC, although under its Section 20 (4), it is disputably presumed to be work-related. In this case, the companydesignated physician certified that the subject illness is not work-related,[25] an assessment supported by medical studies indicating that UJO or uteropelvic junction obstruction is a congenital abnormality that remains an enigma in terms of both diagnosis and therapy. The abnormality may be observed in both adults and children. Thus, LA Panganiban aptly concluded that the petitioners were able to overcome the presumption.[26] Second. The foregoing notwithstanding and, even on the assumption that Suarez's illness is work-related, his claim for permanent total disability compensation cannot prosper. The company-designated physician declared Suarez fit to work. The declaration was made by Dr. Ed R. Gatchalian, a urological surgeon, in his letter of May 10, 2011[27] to Dr. Robert Lim, MMC Medical Coordinator. According to Dr. Gatchalian: "Mr. Allan Suarez is now doing well. He has fully recovered from his surgery. His urinalysis is now normal. He is now cleared to go back to work." elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60072 5/11