already afflicted with HIV when he applied for the position of first engineer.
Moreover, the petitioners failed to show a reasonable connection between
Eduardo’s work and his sickness, or that the working conditions increased the risk
of contracting the disease.
The petitioners moved for the reconsideration of this decision, but the CA
denied their motion in its resolution of April 29, 2008.17[17]
THE PETITION FOR REVIEW ON CERTIORARI
The petitioners allege that the CA erred in denying the award of death
compensation benefits.
The petitioners argue that Eduardo had no pre-existing illness because he
underwent a PEME and was declared fit to work. In addition, the petitioners claim
that a reasonable connection existed between Eduardo’s work and the illnesses that
caused his death. In fact, pneumonia and pulmonary tuberculosis are listed as
compensable illnesses. Even if it were otherwise, the petitioners contend it was not
necessary to prove the work-relatedness of Eduardo’s illnesses. Unlike the 2000
Philippine Overseas Employment Agency (POEA) Standard Employment Contract
(SEC), the 1996 POEA-SEC, which governs Eduardo’s employment contract with
17[17] Supra note 3.