Petitioners pre-employment medical examination reveals that he
suffered no heart trouble nor high blood pressure and was diagnosed as fit
for work (Annex B-4, p. 75, Rollo). It is not disputed that petitioners work
(deck fitter) required routine hard manual labor. The extreme and
hazardous working environment in the engine room tended to develop
symptoms of headache, dizziness and cardiac lapses. Heeding private
respondents request, petitioner also performed emergency overhauling
work inside the compressor room for two weeks in time for the vessels
delivery to the new owners. Inevitably, he was exposed to ammonia,
causing chest pains and abnormal breathing (pp. 34-35, Rollo).
Contrary to private respondents claim, petitioners strenuous work is
the proximate cause of his hypertensive cardiovascular disease. Private
respondents assertion that subject illness was developed after the
termination of petitioners employment deserves scant consideration.
Firstly, petitioner performed no strenuous work after the delivery of private
respondents vessel to the new owners. Secondly, private respondents
designated physician declared him unfit for sea duty on January 2,
1997 (Annex I-1).
Respondent NLRCs finding that petitioner failed to show proof that
his illness was work-connected, constitutes a reversible error. As
heretofore elucidated, petitioners work as deck fitter and the two-week
emergency overhauling job caused him to develop hypertensive
cardiovascular disease. Basic is the rule that actual proof of causation is
not necessary to justify compensability. Probability, not certainty, is the
test. Substantial proof, not actual proof, is the requirement. To require
otherwise would be inconsistent with the liberal interpretation of the Labor
Code and the social justice policy of the State.
Petitioners employment having been terminated due to a cause
beyond his control, his services shall be deemed uninterrupted pursuant to
TCC-CBA covering his employment, thus:
Section 3. Service shall be deemed uninterrupted when a seaman
is paid on vacation or awaiting assignment after his paid vacation, or is on
leave due to medical reasons, or when the interruption is not attributable
to the seamans fault or own-making.
xxxxxx
In fine, the Court is fully convinced that respondent NLRC did act
with grave abuse of discretion in setting aside the Labor Arbiters decision.
WHEREFORE, the decision appealed from is hereby REVERSED
and SET ASIDE. Accordingly, the decision dated December 22, 1997 of
Labor Arbiter Romulus S. Protasio is REINSTATED.