4/9/2020
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In holding that petitioners are liable for total and permanent disability benefits, the CA
ruled that: (a) Taok’s illness is compensable under Section 32-A of POEA-SEC; and (b)
since Taok was asymptomatic prior to boarding and he manifested signs of his illnesses
while under the petitioners’ employ, the causal relationship between his work and his
illness is presumed pursuant to paragraph 11(c) of Section 32-A of POEA-SEC and the
petitioners failed to prove the contrary:
“Under the Labor Code, as amended, the law applicable to the case at bar, in
order for the employee to be entitled to sickness benefits, the sickness
resulting therefrom must be or must have resulted from either (a) any
illness definitely accepted as an occupational disease listed by the
Commission, or (b) any illness caused by employment, subject to proof that
the risk of contracting the same is increased by working conditions.” In other
words, “for a sickness and the resulting disability to be compensable, the
said sickness must be an occupational disease listed under Sec. 32 of POEA
Memorandum Circular No. 09, S-2000, otherwise, the claimant or employee
concerned must prove that the risk of contracting the disease is increased
by the working condition.”
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[Taok’s] illness was characterized as “cardiomyopathy, ischemic vs. dilated
(idiopathic); S/P coronary angiography” or dilated myopathy which falls
under the classification “cardiovascular diseases” under Sec. 32-A of
Philippine Overseas Employment Administration (POEA) Memorandum
Circular No. 09, S-2000.
Likewise, Sec. 32-A of POEA Memorandum Circular No. 09, S-2000 provides
the following conditions in order for the cardiovascular disease to be
considered as compensable occupational disease:
“a)If the heart disease was known to have been present
during employment there must be proof that an acute
exacerbation clearly precipitated by the unusual strain
by reason of the nature of his work.
b) The strain of work that brings about an acute attack
must be of sufficient severity and must be followed
within twenty[-]four (24) hours by the clinical signs of a
cardiac insult to constitute causal relationship.
c) If a person who was apparently asymptomatic before
subjecting himself to strain of work showed signs and
symptoms of cardiac injury during the performance of
his work and such symptoms and signs persisted, it is
reasonable to claim a causal relationship.”
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