6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly his illness which prevents him from obtaining gainful employment; and that the POEA SEC is a contract of adhesion that should be construed liberally in his favor, and strictly against petitioners. Our Ruling The Court denies the Petition. Respondent's POEA SEC Petitioners insist that respondent's employment contract expired before he contracted his illness; however, the evidence clearly belies such claim. His 10-month POEA SEC was dated June 5, 2008; he was deployed on July 5, 2008, and repatriated on March 22, 2009 - or sometime during the ninth or tenth month of his POEA SEC. Petitioners seem to base their argument on respondent's previous contract, and not the current one in issue. Compensability On the issue of compensability, there is no question that respondent's condition — "coronary artery disease, three-vessel involvement" — is a covered illness. It has consistently been held that cardiovascular disease, coronary artery disease, as well as other heart ailments, are compensable.[47] It likewise remains undisputed that given his 12 years of employment with petitioners and the conditions he was subjected to as a seafarer, respondent's illness can be attributed to his work. As correctly held by the CA, there is a reasonable connection between respondent's work and the development and exacerbation of his heart ailment. During his employment as seafarer, respondent was consistently exposed to varying temperatures and harsh weather conditions as the ship crossed ocean boundaries, and he may have been required to perform overtime work. Indeed, "any kind of work or labor produces stress and strain normally resulting in wear and tear of the human body."[48] Moreover, as seafarer, respondent was constantly plagued by homesickness and emotional strain as he is separated from his family, even as he had to contend with the perils of the sea while at work.[49] Company-designated physician's Assessment Under Article 192 (c)(l) of the Labor Code[50] and Rule X, Section 2 of the Amended Rules on Employees Compensation,[51] the company-designated physician must arrive at a definite assessment of the seafarer's fitness to work or permanent disability within the period of 120 or 240 days; if he fails to do so and the seaman's medical condition remains unresolved, the latter shall be deemed totally and permanently disabled. Respondent was repatriated on March 22, 2009 and was examined and treated by the company-designated physician. On May 30, 2009, he was found to be suffering from "coronary artery disease, three-vessel involvement," and recommended to undergo CABG, or bypass surgery. However, instead of the recommended bypass surgery, respondent underwent percutaneous coronary intervention or angioplasty - an elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61296 13/20

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