E-Library - Information At Your Fingertips: Printer Friendly 10 of 14 http://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57204 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

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