7/7/2021
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fail. He failed to substantially satisfy the prescribed requirements to be entitled to
disability benefits.
First, this Court agrees with respondent that he developed several illnesses while
onboard the vessel. This is supported by the medical certificates from the doctors in
Rotterdam, Netherlands and China. To recall, in Rotterdam, he was informed, after
medical evaluation, that his condition - body pain and nausea, were triggered by stress.
He was then diagnosed with Costen Syndrome. Meanwhile, in China, he was diagnosed
with urethritis and kidney stones.
This, notwithstanding, his illnesses are not deemed compensable for they neither
rendered him unfit for any sea duty nor disabled him in any way. This is evident in the
fact that despite being diagnosed of having kidney stones and urethritis, respondent, as
records show, did not seek immediate repatriation. In fact, respondent was able to
fulfill his sea duties and finish his employment contract with petitioners. It, thus, seems
that his condition is neither severe nor complicated. Moreover, records show that after
repatriation, respondent failed to report to petitioners for a post-employment medical
examination as prescribed by the rules in cases of repatriation due to a medical
condition.
Even assuming that such ailments disabled respondent and made him unfit for sea
duty, respondent failed to prove that they were work-related.
To reiterate, while there is a disputable presumption that respondent's illnesses, kidney
stones and urethritis, which led to the removal of one of his kidneys, were work-related
considering that they are not among those enumerated as occupational diseases, he is
still required to discharge his own burden of proving compliance with the first three (3)
conditions of compensability under Section 32-A of the 2000 POEA-SEC, i.e., that (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; and (3) the
disease was contracted within a period of exposure and under such other factors
necessary to contract it.
In the case at bench, respondent averred that his ailments were caused and
aggravated by his exposure to several factors on board the vessel, such as: drinking
dirty and salty water, and long exposure to heat in the kitchen where he was working
as a cook causing dehydration. This Court disagrees.
While drinking salty and dirty water, and dehydration may indeed cause kidney stones,
respondent failed to prove that he and the other crew members were made to drink
saline and rusty water. Respondent merely made bare allegations without proof to
support his claims. On the other hand, records show that petitioners sufficiently proved
that there was adequate water supply, mineral water, onboard the vessel for the
consumption of the whole crew, not only of the officers. Further, if indeed they were
made to drink merely desalinated seawater, not mineral water, why was it that of all the
crew members of the ship, only him developed kidney stones and urethritis? Likewise,
no other crew member complained of the purported unhygienic drinking water. Finally,
as a cook, it is part of his tasks to stay for a longer period of time in the kitchen. It is,
thus, his duty to himself to see to it that he regularly hydrates with water.
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