5/19/2021
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themselves after he had already disembarked from the vessel, Section 32-A on the list
of occupational illnesses does not apply. Hence, Salenga was required to prove that
there was a reasonable linkage between his cardiovascular disease and diabetes, and
his work as Chief Cook to lead a rational mind to conclude that his work might have
contributed to the establishment of his illnesses. He had the burden to prove the risks
involved in his work, his illness were contracted as a result of his exposure to the risks,
the diseases were contracted within a period of exposure and under such other factors
necessary to contract it, and he was not notoriously negligent.
He failed to do this.
There was no proof or explanation in the findings of his doctors as to how he acquired
his illnesses as a result of his work as a Chief Cook. There was no proof that as Chief
Cook, he was exposed to toxic and hazardous materials. These materials were tot even
specified. It was also not explained how these materials caused Salenga's
cardiovascular disease and diabetes.
There was no proof that he contracted his illnesses as a result of his exposure to risks
involved in his work, and that he was not notoriously negligent.
It was incumbent upon Salenga to prove the requirements above because it is only
upon presentation of substantial evidence of the reasonable linkage between his work
and his illnesses will his illnesses be considered as work-related illnesses and therefore
compensable. Given this, the LA, NLRC, and CA all erred in awarding/total and
permanent disability benefits to Salenga when he failed to present substantial evidence
to prove that his illnesses were work-related.
WHEREFORE, premise considered, the Petition is GRANTED. The Decision dated
October 24, 2017 and Resolution dated March 27, 2018 of the Court of Appeals in CAG.R. SP No. 150484 are REVERSED and SET ASIDE. The complaint of respondent
Edgardo L. Salenga is DISMISSED for lack of merit.
SO ORDERED.
Peralta, C.J , (Chairperson), J. Reyes, Jr., Lazaro-Javier, and Lopez, JJ., concur.
* Also appears as Ventis Maritime Inc. in some parts of the rollo.
[1] Rollo, pp. 3-32, excluding the Annexes.
[2] Id. at
34-57. Penned by Associate Justice Magdangal M. De Leon, with Associate
Justices Franchito N. Diamante and Zenaida T. Galapale-Laguilles concurring.
[3] Id. at 59-60.
[4] Id. at 35.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66256
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