5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly worker permanently unable to perform any work Gr. 1 7. Moderate mental disorder or moderate brain functional disturbance which limits worker to the activities of daily living with some directed care or attendance Gr. 6 8. Slight mental disorder or disturbance that requires little attendance or aid and which interferes to a slight degree with the working capacity of the claimant Gr. 10 9. Incurable imbecility Gr. 1 The use of the phrase "traumatic head injury" and a reading of the entire portion of Sec. 32 referring to head injuries imply that the seafarer suffered from an adverse event that caused physical harm to the skull or other parts of the head. It also implies that only medical findings, not including psychological trauma, are cognizable as workrelated. Petitioner did not suffer any traumatic head injury, but his alleged illness, posttraumatic stress disorder, is a kind of mental disorder. For other illnesses not listed under Section 32, Section 32-A applies. Section 32-A provides: Section 32 - A. OCCUPATIONAL DISEASES For an occupational disease and the resulting disability or death to be compensable, all of 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; 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. There is no doubt that sexual harassment occurred on board the M/V Mineral Water, and that petitioner was a victim of it. The question now is whether petitioner was able to prove that his PTSD, as diagnosed by his physicians of choice, is work-related or work-aggravated. II Mental disorders are generally defined as: [A] syndrome characterized by clinically significant disturbance in an individual's cognition, emotion regulation, or behavior that reflects a dysfunction in the psychological, biological, or developmental processes underlying mental functioning. Mental disorders are usually associated with significant distress or disability in social, occupational, or other important activities. An expectable or culturally approved response to a common stressor or loss, such as the death of a loved one, is not a mental disorder. Socially deviant behavior (e.g., political, religious, or sexual) and conflicts https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66544 12/25

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