6/8/2020 E-Library - Information At Your Fingertips: Printer Friendly Unsatisfied with the CA decision, petitioner raised before this Court the following ISSUES I WHETHER RESPONDENT HAS THE BURDEN PETITIONER’S ILLNESS IS NOT WORK RELATED OF PROVING THAT II WHETHER PETITIONER’S ILLNESS IS WORK RELATED III WHETHER PETITIONER IS ENTITLED TO DISABILITY BENEFITS In advocacy of his position, petitioner argues that the burden of proving that his illness is not work-related rests on the respondent company. Citing the provisions of the Philippine Overseas and Employment Authority Standard Employment Contract (POEASEC), he claims that illnesses not listed therein are disputably presumed work-related. It is only when the claim is under the provisions of the Employees Compensation Act that the claimant has the burden of proving that the illness is work-related. As it is not listed, he is relieved from the trouble of proving the work-relatedness of the illness because it is already disputably presumed by law. Hence, respondent company should rebut this presumption by proving otherwise but, unfortunately, it failed to do so. To petitioner, there is little difficulty in showing that acquiring varicose veins is workrelated for a seafarer. He avers that he was engaged by respondent company as a seafarer for nine (9) years covering seven (7) contracts with their vessels; that he was medically screened in every contract; and that he was found fit to work up to his last contract on board the vessel “MV Leopard.” Moreover, petitioner claims that he is entitled to total and permanent disability benefits because his varicose veins have rendered him permanently incapacitated to return to work as a seafarer. Position of respondent company Respondent company counters that there is no evidence showing that petitioner’s varicose veins were caused by his previous employment with respondent company, that this disease was work-related, and that it caused him permanent disability. Petitioner omitted to mention his health after his stint on the “MV Leopard.” Also, his application for a new contract with respondent company came long after the contract ended. He was discovered to have varicose veins in March 2001, or months after his elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/26253 3/11