disability already exists. The seaman may of course also be declared fit to work at
any time such declaration is justified by his medical condition.[24]
In the case before us, there is no dispute that the respondent reported to the
company-designated physician for treatment immediately upon repatriation.
Problems arose when he was diagnosed with lymphoma, and the companydesignated physician ruled this illness to be non-work-related.
Lymphoma is a cancer that begins in the lymphocites of the immune system
and presents as a solid tumor of lymphoid cells.Like other cancers, lymphoma
occurs when lymphocytes are in a state of uncontrolled cell growth and
multiplication. It is treatable with chemotherapy, and, in some cases, radiotherapy
and/or bone marrow transplantation, and can be curable, depending on the
histology, type, and stage of the disease. These malignant cells often originate
in lymph nodes, presenting as an enlargement of the node (a tumor).[25]
Lymphoma is neither listed as a disability under Section 32 (Schedule of
Disability or Impediment for Injuries Suffered and Diseases Including
Occupational Diseases or Illness Contracted) of the 2000 POEA-SEC nor listed as
an occupational disease under Section 32-A thereof. Nonetheless, Section 20 (B),
paragraph (4) provides that “those illnesses not listed in Section 32 of this Contract
are disputably presumed as work-related.” The burden is therefore placed upon the
respondent to present substantial evidence, or such relevant evidence which a
reasonable mind might accept as adequate to justify a conclusion that there is a
causal connection between the nature of his employment and his illness, or that the
risk of contracting the illness was increased by his working conditions. This, the
respondent failed to do. In fact, a careful review of the records shows that the
respondent did not, by way of a contrary medical finding, assail the diagnosis
arrived at by the company-designated physician. For clarity and precision, we
reproduce the pertinent parts of Dr. Ong-Salvador’s Initial Medical Report dated February
10, 2005, thus:
WORKING IMPRESSION: To Consider Lymphoma
Status
post
Right hemilectomy with anastomosis with end
to end ileotransverse anastomosis with extensive
removal of the mesenteries