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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,
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