4/9/2020 E-Library - Information At Your Fingertips: Printer Friendly and (d) while stress is one of the recognized causes of atrial fibrillation and cardiomyopathy, his duties as cook are definitely not strenuous. Petitioners claim that the CA had no basis for stating that evidence of a causal relationship between a seafarer’s illness and his work is presumed as Section 32-A of the POEA-SEC requires proof of work- relatedness. Petitioners also claim that assuming as true that Taok had been rendered unfit for sea duty as stated in the medical certificate issued by Dr. Vicaldo in June 13, 2007, it was because of his failure to return for a follow- up check-up on October 18, 2006 for further examination. This falls short of the diligence required given the circumstances and this bars him from claiming disability benefits.[22] With respect to the award of sickness wages, petitioners allege that they had already paid Taok the said benefit in an amount corresponding to the period from August 6, 2006 to September 31, 2006.[23] Our Ruling A seafarer’s right to disability benefits is a matter governed by law, contract and medical findings. The relevant legal provisions are Articles 191 to 193 of the Labor Code and Section 2, Rule X of the Amended Rules on Employee Compensation (AREC). The relevant contracts are the POEASEC, the collective bargaining agreement (CBA), if any, and the employment agreement between the seafarer and his employer. Considering that the present dispute centers on Taok’s claim for total and permanent disability and given the nature of his ailments, this Court makes reference to the definition of total and permanent disability under Article 192(c)(1) of the Labor Code: (c) The following disabilities shall be deemed total and permanent: (1) Temporary total disability lasting continuously for more than one hundred twenty days, except as otherwise provided for in the Rules; x xxx This Court also deems it necessary to cite Section 2(a), Rule X of the AREC for being the rule referred to in Article 192(c)(1) of the Labor Code: Sec. 2. Period of Entitlement — (a) The income benefit shall be paid beginning on the first day of such disability. If caused by an injury or sickness it shall not be paid longer than 120 consecutive days except where such injury or sickness still requires medical attendance beyond 120 days but not to exceed 240 days from onset of disability in which case benefit for temporary total disability shall be paid. However, the System may declare the total and permanent status at any time after 120 days of continuous temporary total disability as may be warranted by the degree of actual loss or impairment of physical or mental functions as determined by the System. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55036 8/15