G. R. No. 179177
http://sc.judiciary.gov.ph/jurisprudence/2009/july2009/179177.htm
B. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS
The liabilities of the employer when the seafarer suffers work-related injury or
illness during the term of his contract are as follows:
xxxx
6. In case of permanent total or partial disability of the seafarer caused by
either injury or illness the seafarer shall be compensated in accordance
with the schedule of benefits enumerated in Section 32 of this Contract.
Computation of his benefits arising from an illness or disease shall be
governed by the rates and the rules of compensation applicable at the time
the illness or disease was contracted. (Emphasis supplied.)
Pursuant to the afore-quoted provision, two elements must concur for an injury or
illness to be compensable. First, that the injury or illness must be work related; and second,
that the work-related injury or illness must have existed during the term of the seafarers
employment contract.
The 2000 POEA Amended Standard Terms and Conditions defines "work-related
injury" as "injury(ies) resulting in disability or death arising out of and in the course of
employment" and "work-related illness" as "any sickness resulting to disability or death as
a result of an occupational disease listed under Section 32-A of this contract with the
conditions set therein satisfied," that is
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 seafarers work must involve the risks described herein;
2)
The disease was contracted as a result of the seafarers 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.
Sec. 32-A(11) of the 2000 POEA Amended Standard Terms and Conditions
explicitly considers Cardio-Vascular Disease as an occupational disease if the same was
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