6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly 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 elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61296 6/20

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