complaint for disability benefits; and he secured a medical certification that he
was unfit for sea duty from another private physician only on March, 2005 or six
months after his arrival.
Technicality aside, for a disease to be compensable Section 32-A of the
POEA-SEC requires proof of the existence of the following conditions:
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
describe risks;
3.
The disease was contracted within a period of exposure and under such
other factors necessary to contract it; and
4.
There was no notorious negligence on the part of the seafarer. (emphasis
supplied)
Specifically with respect to mental diseases, for the same to be compensable,
the POEA-SEC requires that it must be due to traumatic injury to the head12[12]
12 [12] SECTION 32. SCHEDULE OF DISABILITY OR IMPEDIMENT FOR INJURIES SUFFERED AND DISEASES
INCLUDING OCCUPATIONAL DISEASES OR ILLNESS CONTRACTED.
HEAD
Traumatic head injuries that result to:
1.
Apperture unfilled with bone not over three (3) inches without brain injury . . . . . . . . Gr.9