5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly 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. The following diseases are considered as occupational when contracted: OCCUPATIONAL DISEASES xxx xxx xxx 13. Pneumonia. All of the following conditions must be met: a. There must be an honest and definite history of wetting and chilling during the course of employment and also, of injury to the chest wall with or without rib fracture, or inhalation of noxious gases, fumes and other deleterious substances in the place of work. b. There must be direct connection between the offending agent or event and the seafarer’s illness. c. The signs of consolidation should appear soon (within a few hours) and the symptoms of initial chilling and fever should at least be 24 hours after the injury or exposure. d. The patient must manifest any of the following symptoms within a few days of the accident: (1) severe chill and fever; (2) headache and pain, agonizing in character, in the side of the body; (3) short, dry, painful cough with blood-tinged expectoration; and (4) physical signs of consolodation, with finerales.[37] As mentioned previously, apart from the accident report and referral form presented during the term of Yap’s employment, petitioner submitted no other evidence to establish compliance with the requirements enumerated above. Thus, respondents cannot be held liable for death compensation on the basis of Section 32-A. It must be further noted that the NLRC granted petitioner’s claim for death compensation essentially because prior to his last deployment, Dovee Yap passed the required pre-employment medical examination and was declared fit to work.[38] It ruled that “in his ten years of employment with respondents, there was no showing that he was afflicted with T.B. or any other illness as he passed all the required preemployment medical examinations.” On this premise, the NLRC concluded that the injury he sustained in the July 23, 2006 accident triggered his pulmonary illness. We are not persuaded. The mere fact that Dovee Yap was declared fit to work in his elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57408 9/14