8/20/2020 E-Library - Information At Your Fingertips: Printer Friendly illnesses. Hence, Complainant's diseases which are congestive heart failure, hypertensive cardiovascular disease, valvular heart disease are work-related or aggravated because the fats and chemicals in frozen and preserved meats congested his arteries. His stress caused peptic ulcer to the Complainant. Clearly, Complainant's illnesses are work-related/aggravated.[70] The National Labor Relations Commission upheld Labor Arbiter Savari's findings, thus: We agree with the Labor Arbiter's finding that complainant's current medical condition was a work-acquired illness. As correctly noted by the Labor Arbiter, complainant was subjected to several tests by the respondents prior to embarkation and was "declared fit for sea duty" thus the conclusive presumption that complainant's illness was acquired while on-board the ocean-going vessel.[71] Magsaysay Maritime Services, et al. v. Laurel[72] emphasized that in determining the compensability of an illness, it is not necessary that the nature of the employment be the sole reason for the seafarer's illness. A reasonable connection between the disease and work undertaken already suffices: Settled is the rule that for illness to be compensable, it is not necessary that the nature of the employment be the sole and only reason for the illness suffered by the seafarer. It is sufficient that there is a reasonable linkage between the disease suffered by the employee and his work to lead a rational mind to conclude that his work may have contributed to the establishment or, at the very least, aggravation of any pre-existing condition he might have had.[73] (Citation omitted) The Court of Appeals also faulted petitioner for filing his Complaint while Dr. Quetulio was still evaluating his condition. The Court of Appeals is again mistaken. Vergara v. Hammonia Maritime Services, Inc., et al.[74] explained the relevant rules and period for reckoning a seafarer's permanent disability for entitlement to disability benefits: As these provisions operate, the seafarer, upon sign-off from his vessel, must report to the company-designated physician within three (3) days from arrival for diagnosis and treatment. For the duration of the treatment but in no case to exceed 120 days, the seaman is on temporary total disability as he is totally unable to work. He receives his basic wage during this period until he is declared fit to work or his temporary disability is acknowledged by the company to be permanent, either partially or totally, as his condition is defined under the POEA Standard Employment Contract and by applicable Philippine laws. If the 120 days initial period is exceeded and no such declaration is made because the seafarer requires further medical attention, elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64956 9/16

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