6/7/2020
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Section 32-A of the POEA Standard Employment Contract 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.
To grant petitioner's claim for disability benefits, the following requisites must be
present:
(1) he suffered an illness; (2) he suffered this illness during the term of his
employment contract; (3) he complied with the procedures prescribed under
Section 20-B; (4) his illness is one of the enumerated occupational
disease[s] or that his illness or injury is otherwise work-related; and (5) he
complied with the four conditions enumerated under Section 3 2-A for an
occupational disease or a disputably-presumed work-related disease to be
compensable.[76]
This court has also recognized that in cases involving claims for disability benefits, the
nature of the employment need not be the only cause of the seafarer's illness. In Dayo
v. Status Maritime Corporation,[77] this court reiterated the rule on compensability of
illnesses as follows:
Settled is the rule that for 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. It is sufficient 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.[78]
While the law recognizes that an illness may be disputably presumed to be workrelated, the seafarer or the claimant must still show a reasonable connection between
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