4/14/2021 E-Library - Information At Your Fingertips: Printer Friendly HCV can also be transmitted sexually and can be passed from an infected mother to her baby; however, these modes of transmission are less common. Hepatitis C is not spread through breast milk, food, water or casual contact such as hugging, kissing and sharing food or drinks with an infected person. [53] The enumerated causes are just several modes of transmitting the virus to another individual. The enumeration did not necessarily exclude other modes of transmitting the virus. Although less common, the virus may even be transmitted by sharing a razor or a toothbrush with one who is infected with the virus.[54] Viral Hepatitis is listed as an occupational disease under the POEA-SEC that is workrelated and compensable when contracted during the term of the employee's contract. Section 32-A of the POEA-SEC states: Sec. 32-A. Occupational Diseases. xxxx 23. Viral Hepatitis. In addition to working conditions already listed under Philippine Decree No. 626, as amended, any occupation involving exposure to a source of infection through ingestion of water, milk, or other foods contaminated with hepatitis virus; Provided that the physician determining the causal relationship between the employment and the illness should be able to indicate whether the disease of the afflicted worker manifested itself while he was so employed, knowing the incubation period thereof.[55] In this case, it was established through the February 25, 2015 Letter of the companydesignated physician that the illness of Rosales, chronic Hepatitis C, "is acquired by exposure to infected blood through needle or instruments, blood transfusion, vertical transmission from mother to unborn child, sexual intercourse."[56] While the viral Hepatitis considered occupational disease in the POEA-SEC is limited to those "spread through ingestion of water, milk, or other foods contaminated with hepatitis virus,"[57] Section 20(A)(4) of the POEA-SEC provides that even those illnesses not listed in Section 32 are still disputably presumed work-related. Despite not being a listed illness in Section 32, Chronic Hepatitis C is disputably presumed to be work-related. The conditions for compensability in Section 32-A of the POEA-SEC also apply to non-listed illnesses given that: (1) the legal presumption under Section 20(B)(4) accorded to the latter is limited only to "work-relatedness;" and (2) for its compensability, a reasonable connection between the nature of work on board the vessel and the illness contracted or aggravated must be shown. In Romana v. Magsaysay Maritime Corporation,[58] the Court explained that: x x x [T]he presumption provided under Section 20 (B) (4) is only limited to the "work-relatedness" of an illness. It does not cover and extend to compensability. In this sense, there exists a fine line between the https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66265 6/14

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