6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly Section 20(B) of the 2000 POEA-SEC, it must be the result of a work-related injury or a work-related illness, which are defined as "injury(ies) resulting in disability or death arising out of and in the course of employment" and as "any sickness resulting to disability or death as a result of an occupational disease listed under Section 32-A of this contract with the conditions set therein satisfied." The said Section 32-A provides: Section 32-A. OCCUPATIONAL DISEASES For an occupational disease and the resulting disability or death to be compensable, all of the following conditions must be satisfied: 1. The seafarer's work must involve the risks described herein; 2. The disease was contracted as a result of the seafarer's exposure to the described risks; 3. The disease was contracted within a period of exposure and under such other factors necessary to contract it; 4. There was no notorious negligence on the part of the seafarer. As previously mentioned, Pastor was found to be suffering from osteoarthritis. Under Section 32-A(16) of the 2000 POEA-SEC, for osteoarthritis to be considered as an occupational disease, the same must have been contracted in any occupation involving: a) joint strain from carrying heavy loads, or unduly heavy physical labor, as among laborers and mechanics; b) minor or major injuries to the joint; c) excessive use or constant strenuous usage of a particular joint, as among sportsmen, particularly those who have engaged in the more active sports activities; d) extreme temperature changes (humidity, heat and cold exposures); and e) faulty work posture or use of vibratory tools. To recapitulate, the Labor Arbiter ruled that Pastor's illness is work-related. The NLRC affirmed this finding by holding that the accident he met while carrying heavy food provisions was the proximate cause of his injury. For its part, the CA ultimately concluded that the illness was acquired by Pastor due to his work as a messman whose primary duties and responsibilities include cleaning accommodations, galley, pantries, alleys, storerooms, salons and messrooms, washing, cleaning and preparing tables, collecting and laundering dirty linen, serving food and restocking supplies in pantries, engine room, bridge, etc. It further ruled that Pastor was able to prove the conditions necessary for osteoarthritis to be considered as having arisen in the course of his employment either by direct causation or aggravation due to the nature of his work. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60848 7/12