5/19/2021
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instead.[18]
The NCMB's Ruling
By Decision[19] dated September 18, 2015, MVA Edgar C. Recina granted petitioner's
claim for total and permanent disability benefits, viz.:
WHEREFORE, PREMISES CONSIDERED, judgment is hereby rendered
ORDERING the Respondents UNITED PHILIPPINE LINES, INC. and/or
BELSHIPS MANAGEMENT (SINGAPORE) PTE. LTD., to jointly and severally
pay complainant, LEONIDES P. RILLERA, the amount of SIXTY THOUSAND
U.S. DOLLARS (US$60,000.00) as disability benefits, plus 10% of the total
recoverable amount as attorney's fees, at its Philippine Peso equivalent
converted at the time of payment.
All other claims are DISMISSED for lack of merit.
SO ORDERED.[20]
MVA Recina essentially held:
First. The NCMB had jurisdiction over the case because there was an existing IBF
JSU/AMOSUP CBA between the parties effective January 1, 2012 to December 31,
2014.[21]
Second. Petitioner was not guilty of material concealment. Information given in good
faith by a non-doctor regarding his medical history, if it turned out to be erroneous or
untrue will not defeat his or her claim.[22]
Third. Petitioner's failure to be referred to a third doctor should not work against him
considering that the company-designated doctor did not make a categorical disability
rating within the 120-day period.[23]
Fourth. While hypertensive cardiovascular disease may not be among the occupational
diseases listed under Section 32 of the Philippine Overseas Employment Administration
- Standard Employment Contract (POEA- SEC), the Court had ruled that the list did not
preclude other illnesses not so listed from being compensable. The POEA-SEC even
considers illnesses not listed there as presumably work-related where the illness was
contracted during employment, as in this case. Respondents failed to dispute this
presumption.[24]
More, the Court had repeatedly held that cardiovascular disease and other heart
ailments are work-related, thus, compensable. In some cases, the Court even found a
causative relation between the strenuous work of a seaman and hypertensive
cardiovascular disease. All indications pointed to exposure to risk factors on board the
vessel which led to the development or even contributed or aggravated petitioner's
illness.[25]
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66467
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