(3) The disease was contracted within a period of exposure and under
such other factors necessary to contract it; [and]
(4) There was no notorious negligence on the part of the [seafarer].
[Emphases supplied.]
Corollary, the ECC Rules specifically requires for compensability that pneumonia must have
been contracted under the following conditions:
(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 a direct connection between the offending agent or event and
the worker’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.
Significantly, these are the very same conditions required under the POEA-SEC for
pneumonia to be considered a compensable occupational disease.27[27]
27[27] Section 32-A. Occupational Diseases:
x x x x
13. Pneumonia. All of the following conditions must be met: