6/5/2020
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of his claim under the CBA.
Under Section 20.B of the POEA Standard Employment Contract, the
employer is liable for payment of disability compensation arising from workrelated illness/injury sustained or contracted during the period of the
seafarer's employment. Section 32-A of the same Contract enumerates what
are deemed occupational illnesses, whereas Section 20.D specifically states
that illnesses not listed are disputably presumed to be work-connected.
Complainant in this case was discharged from his assigned vessel when he
was found to be suffering from uncontrollable hypertension, with specific
requirement for cardiac consultation and related laboratory examinations.
Upon arrival it is not disputed that complainant underwent angioplasty and
was assessed by his physician to be suffering from hypertensive
cardiovascular disease and coronary artery disease and determined to be
unfit to resume employment as seafarer in any capacity whatsoever.
Respondents' defense is predicated on the claim that complainant's illness is
not work-related.
This argument is bereft of merit.
Complainant's diagnosed illness is listed under Section 32-A of the POEA
Standard Employment Contract and therefore compensable. It is to be noted
that as against the medical certificates submitted by the complainant,
respondents' claim of non-work connection is anchored on a purported
certification issued by the company-designated physician which, as found by
the Labor Arbiter, was not attached to the respondents' Position Paper.
Be that as it may, the fact that the illness is listed as an occupational disease
is sufficient to overcome the respondents' unsubstantiated allegation of the
illness' absence of work causality.
As to the argument that it is the assessment of the company[-designated]
physician that should be upheld, the Supreme Court in Maunlad Transport
Inc., et al. vs. Manigo (G.R. No. 161416, June 13, 2008) x x x reconciled its
rulings on the same issue and declared that the seaman does not
automatically bind himself to the medical report of the company-designated
physician and that neither are the labor tribunals and courts bound by the
medical report, the inherent merit of which will be weighed and duly
considered. It was further decreed that the seaman may dispute the medical
report issued by the company-designated physician by seasonably
consulting another physician, which will be evaluated by the labor tribunal
and the courts based on its inherent merits.
Thus, as between the respondents' unsubstantiated declaration that
complainant's illness is not work-related, and the complainant's medical
certificates detailing the extent and nature of his condition, the latter must
be upheld as reflective of the complainant's medical status, and resulting
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