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Thus, for disability to be compensable under Section 20 (B)(4) of the POEA-SEC, two
elements must concur: (1) the injury or illness must be work-related; and (2) the
work-related injury or illness must have existed during the term of the
seafarer’s employment contract. In other words, to be entitled to compensation
and benefits under this provision, it is not sufficient to simply establish that the
seafarer’s illness or injury has rendered him permanently or partially disabled; it
must also be shown that there is a causal connection between the seafarer’s
illness or injury and the work for which he had been contracted.[43]
In this case, the record is bereft of any evidence to prove satisfaction of the said
conditions. Petitioner’s claim of permanent total disability as a result of his neck and
back condition is anchored solely on his bare and uncorroborated insistence that he
was declared fit to work as seaman after his Pre-Employment Medical Examination
(PEME); that he acquired his illness during the term of his employment with
respondents; and that his illness was a necessary result of his collapse after being
exposed to heat while in the boiler room and because of “the 40 degree Celsius
temperatures of the Dubai summertime.”
There is even no substantiation at all that his collapse while on board the MV Al
Isha’a directly caused, or at least increased the risk of, his neck and back injury. No
medical history and/or record prior to his deployment on board the vessel MV Al
Isha’a or any evidence as to the nature of his work was ever presented or alluded to
in order to demonstrate that the working conditions on board the said vessel
increased the risk of contracting his illness.
Indeed, evidence on record is totally bare of essential facts on how petitioner
contracted or developed his illness and how and why his working conditions
increased the risk of contracting the same. In the absence of substantial evidence,
the Court cannot just presume that his job caused his illness or aggravated any preexisting condition he might have had.
It is of no moment that petitioner passed his PEME. In Quizora v. Denholm Crew
Management (Philippines), Inc.,[44] the Court reiterated the statement in Magsaysay
Maritime Corporation and/or Cruise Ships Catering and Services International, N.V.
v. National Labor Relations Commission[45] that:
The fact that respondent passed the company’s PEME is of no moment.
We have ruled that in the past the PEME is not exploratory in nature. It
was not intended to be a totally in-depth and thorough examination of an
applicant’s medical condition. The PEME merely determines whether one
is "fit to work" at sea or "fit for sea service," it does not state the real
state of health of an applicant. In short, the "fit to work" declaration in
the respondent’s PEME cannot be a conclusive proof to show that he was
free from any ailment prior to his deployment. Thus we held in NYK-FIL
Ship Management, Inc. v. NLRC:
3/27/2020, 12:39 PM