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2) The disease was contracted as a result of the seafarer's exposure
to the described risks;
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.
(Emphasis and underscoring supplied)
Applying the foregoing, the Court finds that the CA, NLRC, and LA were correct in
finding that Malicdem is not entitled to disability benefits for his hypertension and
glaucoma.
On his hypertension, Malicdem failed to substantially prove that the same was
contracted due to, or aggravated by, the conditions of his work on board the vessel. As
found by the LA, NLRC and CA, the bare allegations of Malicdem that the sodium-rich
food, physical and psychological stress and other emergencies on board the ship
caused the exacerbation of his hypertension, is insufficient.[75] The Court likewise notes
that the opinion of Dr. Casison, Malicdem's private doctor, did not even explain the
cause of Malicdem's hypertension or attempt to connect the same to his work
conditions.[76] Moreover, there is no showing that he suffered hypertension while on
board the vessel.[77] These are factual findings of the labor tribunals and the CA which
appear to be supported by substantial evidence; hence must be accorded not only
respect but finality.[78]
As for Malicdem's glaucoma, he claims that his duties and responsibilities as Chief
Engineer,[79] his exposure to the sea breeze and other elements of nature while the
vessel is in open seas, the stress from his strenuous job and his emotional strain from
homesickness aggravated his glaucoma.[80] These propositions were rejected by the
labor tribunals and the CA. As factually found by the NLRC, Malicdem presented no
competent medical history, records or physician's report to objectively substantiate the
claim that there is a reasonable connection between his work and his glaucoma.[81]
What he has are bare allegations which fall far short of the substantial evidence
required of him by law.[82] The Court finds no cause to overturn such findings. Factual
findings of labor officials, who are deemed to have acquired expertise in matters within
their respective jurisdiction, are accorded not only respect but even finality, and bind
the Court when supported by substantial evidence.[83]
Likewise weighing against Malicdem's case is the medical report of the companydesignated physician, Dr. Salvador, issued soon after Malicdem's first repatriation in
2011, that his glaucoma was not work related.[84] Dr. Salvador subsequently
issued another report,[85] in reply to a query arising from Malicdem's latest repatriation
(which is the subject of the present case), listing down the major risk factors for
glaucoma. These factors do not include exposure to sea breeze and the other matters
alleged by Malicdem to have aggravated his condition. In the latter report, Dr.
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