6/14/2021 E-Library - Information At Your Fingertips: Printer Friendly d. If a person is a known hypertensive or diabetic, he should show compliance with prescribed maintenance medications and doctor- recommended lifestyle changes. The employer shall provide a workplace conducive for such compliance in accordance with Section 1(A) paragraph 5. e. In a patient not known to have hypertension or diabetes, as indicated on his last PEME. Records do not show that any of these conditions were met. Utanes failed to present sufficient evidence to show how his working conditions contributed to or aggravated his illness. The general statements in his Position Paper — u[i]n the performance of Complainant's principal duty and responsibility, he was always exposed to the harsh condition and the perils at sea. He was also under severe stress while being away from his family and suffering from over fatigue while doing his duties and responsibilities on board the vessel due to long hours of work" — were not validated by any written document or other proof given. Neither was any expert medical opinion presented regarding the cause of his condition. In Ventis Maritime Corporation v. Salenga,[29] we emphasized that to be entitled to disability benefits for an occupation illness listed under Section 32-A of the POEA-SEC, a seafarer must show compliance with the following conditions: 1. The seafarer's work must involve the risk described therein; 2. The disease was contracted as a result of the seafarer's exposure to the described risks; 3. The disease was contracted within a period of exposure and under such other factors necessary to contract it; and 4. There was no notorious negligence on the part of the seafarer. We further enunciated: In effect, the table of illnesses and the corresponding nature of employment in Section 32-A only provide the list of occupational illnesses. It does not exempt a seafarer from providing proof of the conditions under the first paragraph of Section 32-A in order for the occupational illness/es complained of to be considered as work-related and, therefore, compensable. Further, x x x to determine the amount of compensation, the seafarer must show the resulting disability following as guide the schedule listed in Section 32. xxxx More importantly, the rule https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66745 applies that whoever claims 5/9

Select target paragraph3