6/8/2020
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last employment contract with respondent company ended in July 2000. So, it is
difficult to conclude that his varicose veins can only be attributable to his previous
employment with the company.
Besides, petitioner’s employment was not continuous but on a per-contract basis which
usually lasted for nine (9) months depending on the requirement of the foreign
principal. He was considered “signed-off” upon the expiration of each contract. It was
possible that he acquired varicose veins while he was “signed-off” from the vessels of
respondent company. Except for his bare allegations, there is nothing to support his
theory that his intermittent contracts of employment with respondent company had
reasonable connection with his acquisition of varicose veins. He neither presented proof
on this point nor offered a medical expert opinion.
Respondent company further argues that the disputable presumption under Section
20(B) (4) of the 2000 POEA SEC is completely irrelevant to this case. First, the 2000
POEA-SEC initially took effect sometime in July 2002. Petitioner’s last employment
contract with respondent company was from November 1999 to July 2000. Thus, at the
time the parties entered into an overseas employment contract in November 1999, the
provisions of the POEA-SEC, which were deemed incorporated into the contract, were
those from the 1996 POEA-SEC. Hence, it is the 1996 POEA-SEC, not the 2000 POEASEC, which should govern his claim for disability benefits. The disputable presumption
relied upon by petitioner does not appear in the 1996 POEA-SEC but can only be found
in the 2000 POEA-SEC.
Second, even assuming that the 2000 POEA-SEC governed petitioner’s previous
employment with respondent company, he was still not entirely relieved of the burden
to submit evidence to prove his claim because Section 20(B) of the 2000 POEA-SEC
specifically pertains to work-related injury or illness. Therefore, it is still incumbent
upon him to present proof that his varicose veins were reasonably connected to his
work.
Respondent company opines that varicose veins is a common disease for those who are
at least 30 years old and it can be acquired genetically or through lack of exercise.
Lastly, respondent company asserts that there is no showing that petitioner’s varicose
veins caused him permanent disability. While affliction with varicose veins may bring
pain and discomfort to the body of a person, the illness is not permanent as it can
actually be treated, either through self-help or medical care.
The Court’s Ruling
The Court finds no merit in the petition.
Before tackling the issue of what rule governs the case, there is a need to compare the
provisions of Section 20-B of the 1996 POEA-SEC and Section 20-B of the 2000 POEASEC. Section 20 (B) of the 1996 POEA-SEC reads as follows:
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