4/10/2020
E-Library - Information At Your Fingertips: Printer Friendly
and accordingly nullified the resolutions of the NLRC.[22] The CA ratiocinated, thus:
In the case at bar, there is no question that private respondent (David)
reported to the company-designated physician for treatment immediately
upon arriving in the Philippines. Problems arose, however, when private
respondent was diagnosed to be suffering from malignant fibrous
histiocytoma and while his condition was given a grade I disability
rating, Dr. Chrisopher Co Pe[ñ]a who diagnosed private respondent’s
condition opined that it is difficult to determine whether work history would
have a bearing to his illness as etiology is multifactorial. Dr. Pe[ñ]a was
short of declaring private respondent’s illness as non-work related. It is
noted, however, that aside from the certification by the president of
petitioner OSG stating that the Marine Medical Services, the record is
bereft of the actual medical certificate coming from the Marine Medical
Services itself which shows that indeed it issued a Grade I disability rating
for private respondent’s illness.
xxxx
Malignant Fibrous Histiocytoma is not listed as an occupational disease
under Section 32-A thereof. Nonetheless, Section 20(B), paragraph (4)
provides that “those illnesses not listed in Section 32 of this Contract are
disputably presumed as work-related.” The burden is, therefore, placed upon
private respondent to present substantial evidence x x x. Private
respondent, however, failed to do this. Private respondent did not, by way of
a contrary medical finding, assail the diagnosis arrived at by the companydesignated physician x x x.
xxxx
As to the issue that there was an admission on the part of petitioner OSG
that private respondent was already assessed to have a grade I disability,
the same only shows that indeed private respondent is suffering from a
disability. But going back to the provisions of the POEA Standard
Employment Contract, such disability must have a causal relation to the
work of private respondent to be compensable.[23]
In due time, David filed a Motion for Reconsideration of the CA’s March 11, 2011
Decision.[24] Pending the resolution of his motion, David succumbed and died on April
9, 2011[25] and was substituted in the case by his wife and children.[26] On June 14,
2011, the CA issued a resolution denying the motion for reconsideration.
Hence, this petition.[27]
Petitioners argue that the appellate court grievously erred in overturning the NLRC and
the LA’s decisions considering that it is presumed that David’s illness was work-related
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55191
4/12