Work-relatedness Issues
The petitioners argue that work-relatedness of the illnesses that caused Eduardo’s death is not a
material issue under the 1996 POEA-SEC, as it only requires that death occur during the term of
the contract.25[25] We agree with this position, but given that Eduardo died two years after the
termination of his employment contract, we see no point in belaboring this issue.
Alternatively, the petitioners argue that Eduardo’s death should be compensable because his
work triggered the illnesses or worsened them.26[26]
Eduardo’s death which occurred two years after his repatriation is covered by a death certificate
that listed pneumonia as the immediate cause; Pulmonary Tuberculosis, Tuberculosis
Meningitis, Disseminated Candidiasis, Anemia Secondary to Chronic Disease, Wasting
Syndrome, Scabies and Seborrheic Dermatitis as antecedent causes; and AIDS as underlying
cause. Properly understood, these findings are significant as they point us to a definite conclusion
on the issue of work-relatedness or work-aggravation.
Pneumonia, the immediate cause of Eduardo’s death, is listed under the Implementing Rules
and Regulations of the Labor Code (ECC Rules) as an occupational disease. But for a disability
or death from this cause to be compensable, all 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;
25[25] Id. at 8.
26[26] Id. at 9-11.