him to suffer a permanent and total disability with a Grade 7 impediment rate, for
which he is entitled to full compensation. The reasons cited by the CA in reversing
the NLRC and LA are summarized as follows:
First, Cantomayors ailment is compensable under Section 32-A of the POEA
Standard Employment Contract.[14]
Second, respondent's ailment was not pre-existing as shown by the result of his
Pre-employment Medical Examination (PEME) where physicians designated by
petitioners declared him fit to work. The finding that respondents ailment was
already in an advanced stage when it was discovered does not preclude the
possibility that it developed during his employment with petitioners.[15]
Finally, respondents disability is permanent and total because the severity of his
ailment rendered him incapable of performing the work of a seafarer.[16]
The reasoning of the CA is well-founded, although we note that it was mistaken
when it cited Section 32-A of the POEA Standard Employment Contract.
In Paragraph 2 of their September 29, 1998 Contract of Employment,[17] the parties
incorporated the provisions of the 1996 POEA Standard Employment Contract
(1996 POEA-SEC),[18] such as Section 20-B (5) which reads:
Section 20 Compensation and Benefits
x x x x
B. Compensation and Benefits for Injury or Illness
The liabilities of the employer when the seafarer suffers injury or illness
during the term of his contract are as follows: