6/7/2021 E-Library - Information At Your Fingertips: Printer Friendly 4. There was no notorious negligence on the part of the seafarer. As to the second type of illness — one that is not listed as an occupational disease in Section 32-A — Magsaysay Maritime Services v. Laurel, instructs that the seafarer may still claim provided that he suffered a disability occasioned by a disease contracted on account of or aggravated by working conditions. For this illness, "[i]t 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." Operationalizing this, to prove this reasonable linkage, it is imperative that the seafarer must prove the requirements under Section 32-A: the risks involved in his work; his illness was contracted as a result of his exposure to the risks; the disease was contracted within a period of exposure and under such other factors necessary to contract it; and he was not notoriously negligent. xxxx More importantly, the rule applies that whoever claims entitlement to benefits provided by law should establish his right thereto by substantial evidence which is more than a mere scintilla; it is real and substantial, and not merely apparent. Further, while in compensation proceedings in particular, the test of proof is merely probability and not ultimate degree of certainty, the conclusions of the courts must still be based on real evidence and not just inferences and speculations. (Emphases supplied; citations omitted.) In this case, Lloyd was diagnosed with "Occupational Stress Disorder (Work-related); Hypomanic Mood Disorder, to consider; Bipolar Condition; R/O Schizophrenic Episode; and Post-traumatic Stress Disorder"[31] after the term of his contract. These conditions are not listed as occupational illnesses under Section 32-A of the POEA-SEC. As such, Lloyd is required to prove the reasonable link between his illnesses and nature of work. Lloyd must establish the risks involved in his work, his illnesses were contracted as a result of his exposure to the risks, the diseases were contracted within a period of exposure and under such other factors necessary to contract them, and he was not notoriously negligent. Yet, Lloyd failed to pass the reasonable linkage test. In his complaint, Lloyd alleged that from December 11, 2010 to April 23, 2011, the Somali pirates held hostage M/V Renuar and its entire crew. However, the clinical psychologist reported a different date of piracy which transpired in February 2012, thus: This is to certify that LLOYD C. ESPINOSA, x x x was seen and treated by the undersigned because of the following: NOI:Occupational Stress Disorder (Work-related); Hypomanic Mood Disorder, to consider https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66675 9/13