Whether or not respondent Abalos’ illness is compensable is essentially a
factual issue. Yet the Court can and will be justified in looking into it considering
the conflicting views of the NLRC and the CA.[17]
There is no question as to what respondent Abalos was sick of. He was sick
of cholecystolithiasis or gallstone. It does not develop overnight. It is caused by
stone formation in the gallbladder that blocks the tube leading out of the
gallbladder, causing bile to build up, resulting in gallbladder inflammation. These
gallstones are solid accumulations of the components of bile, particularly
cholesterol, bile pigments, and calcium.[18] The formation of gallbladder stones
take months, if not years, to build up.
According to the NLRC, medical reports show that gallstone relates to one’s
weight or diet and in some instances may be a genetic predisposition. It is not one
of those enumerated as compensable diseases in the Revised Standard Terms and
Conditions Governing the Employment of Filipino Seafarers on Board OceanGoing Vessels that covered Abalos’ employment. The NLRC denied him
disability benefits and sickness allowance for this reason.
The CA held, however, that Abalos’ diet or sustenance on board the vessel
had presumably caused or contributed to his illness for he had no choice but eat
ship food. Consequently, although his gallstone is not a compensable illness under
his employment contract, it can be said that his illness was either work-related or
reasonably connected with his work.
But, since cholecystolithiasis or gallstone has been excluded as a
compensable illness under the applicable standard contract for Filipino seafarers
that binds both respondent Abalos and the vessel’s foreign owner, it was an error
for the CA to treat Abalos’ illness as “work-related” and, therefore,
compensable. The standard contract precisely did not consider gallstone as
compensable illness because the parties agreed, presumably based on medical
science, that such affliction is not caused by working on board ocean-going
vessels.