4/20/2021
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cancer.
A person's genetic background is an important factor in colon cancer risk.
Among first-degree relatives of colon-cancer patients, the lifetime risk of
developing colon cancer is 18%. Even though family history of colon cancer
is an important risk factor, majority (80%) of colon cancers occur
sporadically in patients with no family history of it. Approximately 20% of
cancers are associated with a family history of colon cancer. And 5% of
colon cancers are due to hereditary colon cancer syndromes. Hereditary
colon cancer syndromes are disorders where affected family members have
inherited cancer-causing genetic defects from one or both of the parents.
In the case of Villamater, it is manifest that the interplay of age, hereditary,
and dietary factors contributed to the development of colon cancer. By the
time he signed his employment contract on June 4, 2002, he was already 58
years old, having been born on October 5, 1943, an age at which the
incidence of colon cancer is more likely. He had a familial history of colon
cancer, with a brother who succumbed to death and an uncle who underwent
surgery for the same illness. Both the Labor Arbiter and the [National Labor
Relations Commission] found his illness to be compensable for permanent
and total disability, because they found that his dietary provisions while at
sea increased his risk of contracting colon cancer because he had no choice
of what to eat on board except those provided on the vessels and these
consisted mainly of high-fat, high-cholesterol, and low-fiber foods.[99]
(Emphasis supplied)
In the more recent cases, this Court has repeatedly emphasized that the working
conditions and dietary provisions aggravate and increase a seafarer's risk of colon
cancer.[100] While there are other causes that may have contributed to the illness, such
as genetics and the overall health of the seafarer, this Court recognized that the poor
working conditions while on board aggravated, at the very least, the risk of contracting
the illness.
In this case, Castillon himself pointed out that he was given poor dietary provisions
such as canned goods, which are high in fat and cholesterol while he was on board
respondents' vessel.[101] This allegation was never disputed by respondents. While
respondents made a general claim that there is a prevailing dietary standard for
seafarers, they failed to prove their compliance to this standard. Further, they never
specifically denied that Castillon was only provided canned and fatty foods, that he
worked for more than eight (8) hours a day, and that he was exposed to oil and fumes.
In his Dissenting Opinion, Justice Alexander Gesmundo points out that there is no
substantial evidence to prove that Castillon's illness was work-related, considering that:
(1) his cancer was already critical at the time he was employed, and thus, it could not
be ruled that his condition "developed or progressed" while he was on board the vessel;
[102] (2) his claim that his cancer was aggravated by his diet and living conditions is
merely speculative;[103] and (3) the pre-employment medical examination could not
have detected an asymptomatic illness, because the medical examination is only
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