6/14/2021 E-Library - Information At Your Fingertips: Printer Friendly board contributed to his cancer.[91] It bears noting that in David v. OSG Shipmanagement Manila, Inc., et al.,[92] a case that is similar to the one at hand, this Court awarded disability benefits in favor of the seafarer who proved that his functions as a third officer aggravated his sarcoma: David showed that part of his duties as a Third Officer of the crude tanker M/T Raphael involved 'overseeing the loading, stowage, securing and unloading of cargoes.' As a necessary corollary, David was frequently exposed to the crude oil that M/T Raphael was carrying. The chemical components of crude oil include, among others, sulphur, vanadium and arsenic compounds. Hydrogen sulphide and carbon monoxide may also be encountered, while benzene is a naturally occurring chemical in crude oil. It has been regarded that these hazardous chemicals can possibly contribute to the formation of cancerous masses. In this case, David was diagnosed with MFH (now known as undifferentiated pleomorphic sarcoma [UPS]), which is a class of soft-tissue sarcoma or an illness that account for approximately 1% of the known malignant tumors. As stated by Dr. Peña of the MMC, who was consulted by the companydesignated physician, the etiology of soft tissue sarcomas are multifactorial. However, some factors are associated with a higher risk. These factors include exposure to chemical carcinogens like some of the chemical components of crude oil. Clearly, David has provided more than a reasonable nexus between the nature of his job and the disease that manifested itself on the sixth month of his last contract with respondents. It is not necessary that the nature of the employment be the sole and only reason for the illness suffered by the seafarer. It is sufficient that there is a reasonable linkage between the disease suffered by the employee and his work to lead a rational mind to conclude that his work may have contributed to the establishment or, at the very least, aggravation of any pre-existing condition he might have had. This reasonable connection has not been convincingly refuted by respondents. On the contrary, respondents do not deny the functions performed by David on board M/T Raphael or the cargo transported by the tanker in which he was assigned. At best, respondents have cited contrary researches suggesting that the chemicals in crude oil do not induce the kind of disease contracted by David—a soft tissue sarcoma, which can supposedly occur to anybody regardless of the nature of their employment.[93] (Citations omitted and emphasis supplied) It is all too apparent therefore, that although the POEA-SEC provides a disputable presumption of work-relatedness, the seafarer must still establish a reasonable nexus between his employment and illness. At the very least, he must prove through substantial evidence that there exists a probability that his working conditions caused or aggravated his illness. Of course, the employer shall not sit idly while the seafarer endeavors to prove causation. Rather, the employer must overcome the disputable https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66892 10/23