Lymphoma is the cancer of the lymph nodes. It has 2 types: Hodgkins and Nonhodgkins lymphoma. Etiology of this condition may arise from genetic predisposition
(family history of cancer), cytogenetic abnormalities, viral infection or exposure to highly
carcinogenic fumes.
By history, the patient has not been exposed to any carcinogenic fumes nor
did he contact any viral infection such as Epstein Barr virus in his workplace nor was
there a family history of cancer. His condition may be brought about by cytogenetic
abnormalities. Hence, his condition is non-work related.
x x x x[26] [Emphasis supplied.]
While it is true that medical reports issued by the company-designated physicians
do not bind the courts, our examination of Dr. Ong-Salvador’s Initial Medical Report leads
us to agree with her findings. Dr. Ong-Salvador was able to sufficiently explain her basis
in concluding that the respondent’s illness was not work-related: she found the respondent
not to have been exposed to any carcinogenic fumes, or to any viral infection in his
workplace. Her findings were arrived at after the respondent was made to undergo a
physical, neurological and laboratory examination, taking into consideration his
(respondent’s) past medical history, family history, and social history. In addition, the
respondent was evaluated by a specialist, a surgeon and an oncologist. The series of tests
and evaluations show that Dr. Ong-Salvador’s findings were not arrived at arbitrarily;
neither were they biased in the company’s favor.
The respondent, on the other hand, did not adduce proof to show a reasonable
connection between his work as an assistant housekeeping manager and his lymphoma.
There was no showing how the demands and nature of his job vis-à-vis the ship’s working
conditions increased the risk of contracting lymphoma. The non-work relatedness of the
respondent’s illness is reinforced by the fact that under the Implementing Rules and
Regulations of the Labor Code (ECC Rules), lymphoma is considered occupational
only when contracted by operating room personnel due to exposure to anesthetics. The
records do not show that the respondent’s work as an assistant housekeeping manager
exposed him to anesthetics.
In short, the evidence on record is totally bare of essential facts on how the
respondent contracted or developed lymphoma and how and why his working
conditions increased the risk of contracting this illness. In the absence of