4/9/2020 E-Library - Information At Your Fingertips: Printer Friendly sustained during the term of the contract. The Court has declared that the unqualified phrase “during the term” found in Section 20(B) thereof covered all injuries or illnesses occurring during the lifetime of the contract.[44] It is the oft-repeated rule, however, that whoever claims entitlement to the benefits provided by law should establish his right to the benefits by substantial evidence.[45] As such, Tanawan must present concrete proof showing that he acquired or contracted the injury or illness that resulted to his disability during the term of his employment contract.[46] Proof of this circumstance was particularly crucial in view of his nonreporting of the injury to the petitioner. Yet, he did not present any proof of having sustained the eye injury during the term of his contract. All that he submitted was his bare allegation that his eye had been splashed with some thinner while he was on board the vessel. He also did not adduce any proof demonstrating that the splashing of thinner could have caused the retinal detachment with vitreous hemorrhage. At the very least, he should have adduced proof that would tie the accident to the eye injury. We note at this juncture that even the certification by Dr. Bunuan provided no information on the possible cause of the eye injury. Consequently, the claim for disability benefit for the eye injury is denied in view of Tanawan’s non-reporting of the injury to the petitioner and of his failure to prove that the injury. was sustained during the term of his employment. WHEREFORE, the Court PARTIALLY GRANTS the petition for review; and DELETES the award of US$20,900.00 as disability benefits for the eye injury. No pronouncement on costs of suit. SO ORDERED. Sereno, C.J, Leonardo-De Castro, Villarama, Jr., and Reyes, JJ., concur. [1] Rollo, pp. 35-46; penned by Associate Justice Ruben T. Reyes (later Presiding Justice and a Member of the Court, but now retired), with Associate Justice Remedios SalazarFernando and Associate Justice Edgardo E. Sundiam (deceased) concurring. [2] Records, p. 2. [3] Id., at 27. [4] Id., at 29. [5] Id., at 30. [6] Id., at 68-69. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55096 8/11

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