5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly 6. In case of permanent total or partial disability of the seafarer caused either by injury or illness, the seafarer shall be compensated in accordance with the schedule of benefits arising from an illness or disease shall be governed by the rates and the rules of compensation applicable at the time the illness or disease was contracted. [Emphasis and underscoring supplied] Ravena is not entitled to disability benefits; he failed to comply with the prescribed procedures and to prove the required connection or aggravation between his illness and work conditions As we pointed out above, Section 20-B of the POEA-SEC governs the compensation and benefits for the work-related injury or illness that a seafarer on board sea-going vessels may have suffered during the term of his employment contract. This section should be read together with Section 32-A of the POEA-SEC that enumerates the various diseases deemed occupational and therefore compensable. Thus, for a seafarer to be entitled to the compensation and benefits under Section 20-B, the disability causing illness or injury must be one of those listed under Section 32-A. Of course, the law recognizes that under certain circumstances, certain diseases not otherwise considered as an occupational disease under the POEA-SEC may nevertheless have been caused or aggravated by the seafarer's working conditions. In these situations, the law recognizes the inherent paucity of the list and the difficulty, if not the outright improbability, of accounting for all the known and unknown diseases that may be associated with, caused or aggravated by such working conditions. Hence, the POEA-SEC provides for a disputable presumption of work-relatedness for non-POEA-SEC-listed occupational disease and the resulting illness or injury which he may have suffered during the term of his employment contract. This disputable presumption is made in the law to signify that the non-inclusion in the list of compensable diseases/illnesses does not translate to an absolute exclusion from disability benefits. In other words, the disputable presumption does not signify an automatic grant of compensation and/or benefits claim; the seafarer must still prove his entitlement to disability benefits by substantial evidence of his illness' workrelatedness. In Cootauco v. MMS Phil. Maritime Services, Inc.,[30] we categorically declared that whoever claims entitlement to the benefits provided by law should establish his rights to the benefits by substantial evidence.[31] We reiterated this ruling in Wallem Maritime Services, Inc. v. Tanawan,[32] Andrada v. Agemar Manning Agency, Inc.,[33] Crew and Ship Management International Inc. v. Soria,[34] Philman Marine Agency, Inc. v. Cabanban,[35] and Manota v. Avantgarde Shipping Corporation,[36] to name a few. In the case of a seafarer claiming entitlement to disability benefits under the provisions of the POEA-SEC, this burden of proof obviously lies with the seafarer. Thus, in situations where the seafarer seeks to claim the compensation and benefits that Section 20-B grants to him, the law requires the seafarer to prove that: (1) he suffered an illness; (2) he suffered this illness during the term of his employment contract; (3) he complied with the procedures prescribed under Section 20-B; (4) his illness is one of the enumerated occupational disease or that his illness or injury is otherwise work-related; and (5) he complied with the four conditions enumerated under Section 32-A for an occupational disease or a disputably-presumed work-related disease to be compensable. Under these considerations, Ravena's claim must obviously fail; he failed to substantially satisfy the prescribed requirements to be entitled to disability benefits. First, Ravena failed to comply with the procedural requirements of Section 20-B of the POEA-SEC. Under Section 20-B(3), paragraph 2, a seafarer who was repatriated for medical reasons must, within three working days from his disembarkation, submit himself to a post-employment medical examination (PEME) to elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57785 6/12

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