5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly SEC. 20. COMPENSATION AND BENEFITS. xxxx B. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS The liabilities of the employer when the seafarer suffers work-related injury or illness during the term of his contract are as follows: xxxx 6. In case of permanent total or partial disability of the seafarer caused by either injury or illness the seafarer shall be compensated in accordance with the schedule of benefits enumerated in Section 32 of this Contract. Computation of his benefits arising from an illness or disease shall be governed by the rates and rules of compensation applicable at the time the illness or disease was contracted. Analyzing the foregoing, an injury or illness is compensable when it is work-related AND when it existed during the term of the seafarer's employment contract. Specifically, under Section 32 (A) of the POEA-SEC, the compensability of the occupational disease and the resulting disability is determined by the fulfillment of these conditions: (1) the seafarer's work must involve the risks described; (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.[13] The PVA, in its June 5, 2018 Decision, stated: "[I]t is worthy to note that a perusal of the parties' respective pleadings yielded that the work-relatedness, and the existence of [respondent] 's illness during the term of his employment contract were never expounded to be crucial issues by the contending parties. For this, as far as this Panel is concerned, these are already non-issues, the main consideration being whether the Grade 7 assessment deserves belief."[14] Considering the uniform factual findings of the PVA and the CA, the Court accords not only respect but also finality to their findings and are deemed binding upon us as long as they are supported by substantial evidence.[15] Further, whether or not respondent's eye ailment is compensable is essentially a factual matter which this Court cannot review in a Rule 45 petition as it is not a trier of fact.[16] Thus, the only issue left for determination is whether the respondent is entitled to total and permanent disability benefits. Settled is the rule that the right to disability benefits of every seafarer is a matter governed by law, contract, i.e., collective bargaining agreement and the POEA-SEC, and the medical findings.[17] Section 20 (B) (3) of the POEA-SEC provides: https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66449 4/9