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Madridejos insists that his sebaceous cyst was work-related and compensable since the
risk of acquiring it increased due to his working conditions.[143] NYK-FIL opposes,
claiming that Madridejos' cyst was not attributable to the nature of his job.[144] It
asserts that Madridejos failed to show "even a single realistic connection" between his
illness and his employment.[145] NYK-FIL says that Madridejos never met any accident
and there was no medical or accident report to prove its occurrence.[146]
A work-related illness is "any sickness resulting to disability or death as a result of an
occupational disease listed under Section 32-A with the conditions set therein
satisfied."[147]
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;
4. There was no notorious negligence on the part of the seafarer.
The following diseases are considered as occupational when contracted
under working conditions involving the risks described herein.
A sebaceous cyst is not included under Section 32[148] or 32-A[149] of the 2000
Philippine Overseas Employment Agency Standard Employment Contract. However, the
guidelines expressly provide that those illnesses not listed in Section 32 "are
disputably presumed as work[-]related."[150]
Similarly, for an illness to be compensable, "it is not necessary that the nature of the
employment be the sole and only reason for the illness suffered by the seafarer."[151] It
is enough that there is "a reasonable linkage between the disease suffered by the
employee and his work to lead a rational mind to conclude that his work may have
contributed to the establishment or, at the very least, aggravation of any pre-existing
condition he might have had."[152]
The disputable presumption implies "that the non-inclusion in the list of compensable
diseases/illnesses does not translate to an absolute exclusion from disability benefits."
[153] Similarly, "the disputable presumption does not signify an automatic grant of
compensation and/or benefits claim."[154] There is still a need for the claimant to
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