Our consideration of the attendant facts shows the petitioners failed to adduce evidence
establishing these required conditions. On the contrary, the causes of Eduardo’s death, as shown
by his death certificate, indicate that pneumonia was simply the final illness that immediately
brought about Eduardo’s death. The long road to pneumonia started from an underlying cause –
AIDS – that rendered him susceptible to the antecedent cause of tuberculosis, and to pneumonia
as the immediate cause of death. This is discussed at length below in the discussion on AIDS.
Suffice it to state for now that no evidence on record shows that Eduardo’s working conditions
on board as a First Engineer caused the pneumonia that brought on his death two years after he
had disembarked from his vessel.
Pulmonary Tuberculosis28[28] was listed as one of the antecedent causes of Eduardo’s death,
i.e., it was a condition that led to or precipitated the immediate cause of his death, as recorded in
the death certificate.29[29] Related to pneumonia as the immediate cause of death, this means
that Eduardo’s pneumonia directly sprang from and was directly linked and traceable to
pulmonary tuberculosis, that in turn traced itself to AIDS. Parenthetically, tuberculosis is listed
under the ECC Rules and the POEA-SEC as an occupational disease. Eduardo, however, was not
engaged in any of the occupations where tuberculosis is a listed illness. Moreover, no evidence
a. There must be an honest and definite history of wetting and chilling during
the course of employment and also, of injury to the chest wall with or without
rib fracture, or inhalation of noxious gases, fumes and other deleterious
substances in the place of work.
b. There must be direct connection between the offending agent or event and the
seafarer’s illness.
c. The signs of consolidation should appear soon (within a few hours) and the
symptoms of initial chilling and fever should at least be 24 hours after the
injury or exposure.
d. The patient must manifest any of the following symptoms within a few days
of the accident: (1) severe chill and fever; (2) headache and pain, agonizing in
character, in the side of the body; (3) short, dry, painful cough with bloodtinged expectoration, and (4) physical signs of consolidation, with fine rales.
28[28] Among the illnesses listed in the death certificate as antecedent causes of Eduardo’s death,
only pulmonary tuberculosis was listed under the ECC Rules and POEA SEC as occupational.
29[29] http://www.jrank.org/health/pages/33876/antecedent-causes-death.htm >antecedent causes
of death, last visited on May 28, 2010.