6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly comment on the Petition within 10 days from notice. Bahia Shipping filed a Motion for Extension of Time to File Comment[38] on September 13, 2013. The Comment[39] was filed on October 14, 2013. Nonay filed her Reply[40] on January 30, 2014, which was noted by this court in the Resolution[41] dated March 12, 2014. In the same Resolution, this court required the parties to submit their memoranda within 30 days from notice.[42] Nonay argues that the National Labor Relations Commission did not gravely abuse its discretion when it found that her illness was work-related and work-aggravated since more than 120 days lapsed without any declaration from the company-designated physician that she was fit to work.[43] Thus, her illness was compensable.[44] She also argues that she underwent the required pre-employment medical examination and was certified fit to work. The fit-to-work certification shows that when she boarded the vessel, she was in perfect health. However, she was repatriated for medical reasons. Thus, her illness developed in the course of her work onboard the M/S Braemer.[45] Nonay points out that the test in claims for disability benefits is "not the absolute certainty that the nature of employment. . . caused the illness of the worker."[46] Instead, the test only requires "the probability that the nature of employment of the worker . . . caused or contributed in the enhancement, development[,] and deterioration of such illness."[47] Further, "in case of doubt as to the compensability of an ailment, the doubt is always settled in favor of its compensability."[48] It is not the gravity of the injury that is compensated but the loss of earning capacity.[49] She alleges that she can no longer obtain employment and has lost her capacity to earn income as a seafarer.[50] Thus, she is entitled to disability compensation as provided under the Collective Bargaining Agreement.[51] She alleges that under her Collective Bargaining Agreement, "all . . . illnesses of a medically repatriated seafarer ... are presumed work related."[52] Nonay cites the 2000 Philippine Overseas Employment Agency-Standard Employment Contract (POEA Standard Employment Contract), suppletory to the Collective Bargaining Agreement, which provides that "all other illnesses acquired by the seafarers onboard the vessel including those not listed as occupational disease are presumed work related and work aggravated."[53] She further argues that the company-designated physician is biased in favor of Bcihia Shipping.[54] On the other hand, her personal physician, Dr. Manuel C. Jacinto, Jr. (Dr. Jacinto) is "an independent general medical practitioner and he has no special relationship to petitioner other than doctor-patient relationship only."[55] elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61719 4/26