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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
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