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which can be reasonably linked to the tasks he performed on board the vessel.
Moreover, the Court observed that the employer failed to refute the seafarer's
allegations that "in the performance of his duties as Able Seaman, he inhaled, was
exposed to, and came into direct contact with various injurious and harmful chemicals,
dust, fumes/emissions, and other irritant agents; that he performed strenuous tasks
such as lifting, pulling, pushing and/or moving equipment and materials on board the
ship; that he was constantly exposed to varying temperatures of extreme hot and cold
as the ship crossed ocean boundaries; that he was exposed as well to harsh weather
conditions; that in most instances, he was required to perform overtime work; and that
the work of an Able Seaman is both physically and mentally stressful." In the instant
case, respondents vehemently denied petitioner's allegations.
The Court, in Paringit v. Global Gateway Crewing Services, Inc.,[35] also acknowledged
that "there is very little that seafarers can do to better their working conditions upon
boarding a ship." The Court's grant of disability benefits was, however, not merely
based on this premise. Rather, such grant was, in actual fact, grounded upon
compliance with the requirements of compensability. Substantial evidence was found to
have established that: (1) therein claimant-seafarer, hired as a Chief Mate, was
"diagnosed with heart-disease, anemia, [and] renal dysfunction;" (2) he fell ill while he
was aboard the vessel, which resulted to his medical repatriation; (3) he complied with
the procedures prescribed under the POEA-SEC as he submitted himself to a postemployment medical examination conducted by a company-designated physician; (4)
his illness[36] is one of the enumerated occupational diseases or that his illness is
otherwise work-related; and (5) he complied with the four conditions enumerated
under Section 32-A of the POEA-SEC for an occupational disease or a disputably
presumed work-related disease to be compensable. Further, the Court found that the
claimant-seafarer complied with the condition under Section 32-A, paragraph 11(d):
claimant-seafarer being a known hypertensive complied with the prescribed
medications and doctor-recommended lifestyle changes," among others.
In this case, while petitioner's illnesses, as well as the fact that the same may be listed
as occupational diseases, are undisputed, there was failure to establish with substantial
evidence that the same were suffered during the term of his contract, him being
repatriated for completion of contract without any reported injury or health issue
actually militates against his claim of having suffered illnesses on board the vessel. It
was also not established that he complied with the procedures prescribed under Section
20(A) of the POEA-SEC or with regard to the required submission to post-employment
medical examination as he merely made general self-serving statements regarding the
same. Likewise, it was not established that the conditions under the first paragraph of
Section 32-A and paragraph 2(11) thereof were complied with considering that
petitioner did not present substantial evidence, showing his specific tasks on board the
vessel and the connection thereof to his illnesses.
Notably, the one-page handwritten certification dated June 10, 2015 issued by Dr.
Martinez cannot be considered sufficient to support petitioner's claims as it contains
nothing but a statement that petitioner "underwent treatment due to severe chest
pains last June 8, 2015;" that he was given medications therefor; and that he was
advised to rest and to undergo further laboratory examinations. No clinical abstract of
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