5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly the conditions specified by Section 32-A of the POEA-SEC. Under Section 32-A, for the disputably-presumed disease resulting in disability to be compensable, all of the following conditions must be satisfied: 1. The seafarer's work must involve the risks describe therein; 2. The disease was contracted as a result of the seafarer's exposure to the described risks; 3. The disease was contracted within a period of exposure and under such factors necessary to contract it; and 4. There was no notorious negligence on the part of the seafarer. Ravena failed to prove the work-relatedness of his ampullary cancer as he failed to satisfy these conditions. For one, he did not enumerate his specific duties as a 4th engineer or the specific tasks which he performed on a daily basis on board M/V Tate J. Also, he did not show how his duties or the tasks that he performed caused, contributed to the development of, or aggravated his ampullary cancer. He likewise did not specify the substances or chemicals which he claimed he was exposed to. Further, he failed to prove that he had indeed been exposed to the chemicals/substances he claimed he was exposed to during his employment contract; how these substances/chemicals could have caused his ampullary cancer; or measures that the company did or did not take to control the hazards occasioned by the use of such substances/chemicals, to prevent or to lessen his exposure to them. To be exact, he simply claimed that "his assignment had always been on (sic) the engine room" and that "exposure to various substances over the years caused his disease."[38] These bare allegations, however, are not the equivalent of the substantial evidence that the law requires of Ravena to adduce for the grant of his disability benefits claim. We cannot also consider as substantial evidence of his disease's work-relatedness the ILO article that Ravena submitted before the LA on the duties and occupational hazards that a ship engineer encounters.[39] According to the article, these occupational hazards include "all the hazards of machine attendants or of maintenance workers," i.e., "entanglement in moving machinery, blows, cuts, penetration of foreign particles into eyes" etc. (accident hazards); exposure to exhaust gases, excessive heat, strong winds UV radiation, etc. (physical hazards); "dermatoses caused by lubricating and cleaning formulations," etc. and exposure to various chemicals and toxic substances (chemical hazards); and exposure to pests and communicable diseases (biological hazards). As presented, this ILO article is simply a general list of the possible hazards that may typically attach to the duties of a ship engineer. The specific risks which a seafarer may be exposed to in the performance of his duties will still depend on the specific duties which he may be tasked to perform. Hence, this ILO article could not serve as sufficient proof that his working conditions caused, contributed to the development of, or aggravated Ravena's ampullary cancer. As we pointed out above, Ravena failed to specify his duties, the substances/chemicals to which he claimed he was constantly exposed, how these duties in relation to the substances/chemicals caused, aggravated or contributed to his ampullary cancer, and the measures the company did or did not take to prevent his exposure or to minimize the hazards attendant to such exposure. No reasonable conclusion of work-relatedness can also be inferred in this case given the nature of ampullary cancer vis-à-vis the duties of and the occupational hazards that a ship engineer encounters per the ILO article. Ampullary cancer is malignant tumor that arises from the ampulla of Vater. The ampulla of Vater is the nipple like projection into the duodenum (the first portion of the intestine) into which the pancreatic and bile ducts open.[40] It regulates the flow of pancreatic juice and bile into the intestine through contraction and relaxation of the sphincter of Oddi located at the junction.[41] The tumor in the ampulla of Vater blocks the bile duct; instead of flowing into the intestines, the bile enters the bloodstream.[42] The cause of ampullary cancer is medically unknown, although certain risk factors are believed to contribute to its development, i.e., genetic factors, like patients with familial adenomatous polyposis, and certain genetic alterations;[43] smoking; and certain diseases such as diabetes milletus.[44] Ampullary cancer is a rare condition and experts are not certain what preventive steps, if any, may be taken, elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57785 8/12

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