4/10/2020
E-Library - Information At Your Fingertips: Printer Friendly
and it behooves the respondents to present substantial evidence to overcome this
presumption. To petitioners, respondents have failed to discharge this burden. On the
contrary, respondents admitted that David was suffering from a Grade I disability.
Petitioners further add that there is a reasonable causal connection between David’s
illness and the duties he performed as a Third Officer on board respondents’ crude
tanker.
In their comment, respondents counter that the appellate court’s denial action was
correct since “convenient presumption regarding work-relation will not suffice to justify
an award of disability benefits”[28] and David failed to submit any real and substantial
evidence “to dispute the opinion of the company physician confirming [the] absence of
work-relation.”[29] Respondents posit that if David was indeed convinced that his illness
was work-related, he should have procured supporting opinion from his various doctors.
[30]
The petition has merit.
Deemed read and incorporated into the Contract of Employment between David and
respondents are the provisions of the 2000 Philippine Overseas Employment Agency
Standard Employment Contract (POEA-SEC). Section 20(B) of the POEA-SEC reads:
SECTION 20.
COMPENSATION AND BENEFITS. ---
B. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESSES
The liabilities of the employer when the seafarer suffers work-related
injury or illness during the term of his contract are as follows:
1. x x x x
2. x x x x
3. Upon sign-off from the vessel for medical treatment, the seafarer is
entitled to sickness allowance equivalent to his basic wage until he
is declared fit to work, or the degree of permanent disability has been
assessed by the company-designated physician, but in no case shall
this period exceed one hundred twenty (120) days.
xxxx
4. Those illnesses not listed in Section 32 of this Contract are
disputably presumed as work related.[31] (Emphasis supplied.)
In this case, David suffered from malignant fibrous histiocytoma (MFH) in his left thigh.
MFH is not one of the diseases enumerated under Sec. 32 of the POEA-SEC. However,
Sec. 20(B)(4) of the POEA-SEC clearly established a disputable presumption in favor of
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55191
5/12