5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly compensable, the injury or illness (1) must be work-related and (2) must have arisen during the term of the employment contract. xxxx Furthermore, [Salenga] was also able to show that his illness[es] existed during the term of his employment. There is sufficient basis to conclude that his illness[es] x x x developed while he was onboard, considering the conditions of his workplace and the strain he experienced while attending to his duties on the vessel. The NLRC based its conclusion on the medical findings of Dra. Bandong-Reyes and Dr. L[l]auderes. These findings were contained in physicians' certifications which also state that [Salenga] is permanently unfit for further sea duties in any capacity. Clearly, the labor tribunals' ruling was not capricious or whimsical so as to constitute grave abuse of discretion, the conclusions being based on substantial evidence. There was also no grave abuse of discretion on the part of the NLRC when it decided to give no evidentiary weight to the clearance and quitclaim that [Salenga] allegedly signed. These forms are pre-drafted and prepared by the company as pro forma waivers. These waivers are generally looked upon with disfavor and are largely ineffective to bar claims based on a worker's legal rights. Unless it can be established that the person executing the waiver voluntarily did so, with full understanding of its contents, and with reasonable and credible consideration, the same is not a valid and binding undertaking. Moreover, the burden to prove that the waiver or quitclaim was voluntarily executed is with the employer.[30] The CA's ruling is erroneous. The CA concluded that Salenga's illnesses existed during the term of the contract on the basis of the medical findings of Dr. Bandong-Reyes and Dr. Llauderes. Their medical findings state: This is to certify that, Mr. Edgardo Lacson Salenga x x x was seen and examined in this clinic from December 10, 2015 up to present, with the following findings and/or diagnosis: Cardiovascular Disease Type II Diabetes Mellitus Patient is permanently unfit for further sea duties in any capacity and entitled under POEA Disability Grade 1 for severe residuals of impairment of intra-abdominal organs which requires regular aid and attendance that will [en]able worker to seek any gainful employment. Such injury/illness[es] are work related since exposed to toxic and hazardous materials.[31] https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66256 5/17