exposed to toxic fumes and gas coming from the residue of cargoes
and was oftentimes made to work in 24 hour shifts; that, in view of
these, the illness of respondent supervened during his employment
and, therefore, the presumption arises that he acquired such ailments
from his employment; that the Maritime Industry Authority failed to
contest or controvert respondents claim within the proper period and,
hence, it in effect admitted the compensability of the illness.
Hence, the instant Petition raising the following issues:
I.
WHETHER THE COURT OF APPEALS ERRED IN
DECLARING
RESPONDENT
ENTITLED
TO
COMPENSATION BENEFITS EVEN THOUGH THERE
WAS NO SHOWING THAT HIS WORKING CONDITIONS
HAD INCREASED THE RISK OF HIS CONTRACTING
RHEUMATIC HEART DISEASE.
II.
WHETHER
THE
ILLNESS
RHEUMATIC
HEART
DISEASE IS COMPENSABLE WHEN SUCH DISEASE IS
CLEARLY NOT INCLUDED IN THE LIST OF
COMPENSABLE DISEASES UNDER PD 626, AS
AMENDED. [ 5 ]
The petition has merit.
The principal question is whether the respondent is entitled to
compensation benefits under existing law due to the condition of
Rheumatic Heart Disease.
Respondent avers that the toxic fumes, overcrowded passengers,
and animal cargoes in the vessels he inspected, exposed him
tostreptococci infection which, in turn, afflicted him with Rheumatic