6/14/2021
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presumption of work-relatedness. Failing therein, the seafarer's illness will be deemed
work-related, thereby entitling him to receive compensation.
Alcid
sufficiently
established a reasonable
nexus between his working
conditions
as
an
able
seaman
and
his
development of alveolar
soft part sarcoma
In the performance of his duties as an able seaman, Alcid was exposed to various
harmful and injurious chemicals, such as fumes, gasoline, ethylene, propylene, butane,
methane, naphthalene, and dust while on-board the M/V Corral Nettuno, an oil
chemical tanker.
Likewise, he performed strenuous tasks on a daily basis, such as lifting, carrying and
moving heavy materials and equipment. He frequently rendered overtime work which
added to his stress and fatigue. He also contended with the adverse conditions at sea,
and the extreme temperatures which shifted from sweltering heat to intense cold.
These daily occurrences made his life on board the vessel physically and mentally
taxing. He experienced these stressful conditions over a span of five employment
contracts since 2001.
It bears noting that Dr. Peneyra identified medical studies which revealed that men
exposed to chemicals such as thylene and ethylene oxide developed sarcoma.[94]
Alcid's line of work, which involved constant and prolonged exposure to similar harmful
carcinogenic chemicals, exacerbated by the stress and fatigue of work on-board,
triggered and aggravated his illness.
The respondents failed to submit counter-evidence to refute Dr. Peneyra's medical
findings. Instead, they adamantly insisted that Alcid's illness was caused by a genetic
chromosomal abnormality as stated by Dr. Alegre. Respondents likewise attacked Dr.
Peneyra's competence to assess Alcid, and faulted Alcid for not submitting himself for
examination to a third physician.
The respondents' arguments fail to persuade.
The length of time that Dr. Peneyra treated Alcid is irrelevant in disproving the
probability that the latter's disease was aggravated by his work. This Court notes that
Dr. Alegre and Dr. Peneyra rendered a similar diagnosis both confirmed that Alcid was
afflicted with alveolar soft part sarcoma. The only disparity in their assessments is the
causal relation of the illness and Alcid's working conditions. On the one hand, Dr. Alegre
immediately dismissed the possibility of work connection, tersely concluding, sans any
substantiation, that the disease is caused by a genetic chromosomal abnormality. On
the other hand, Dr. Peneyra filled in this gap, by elaborating that even though the
illness may have been caused by a chromosomal abnormality, there have been medical
findings which showed a correlation between exposure to harmful chemicals and the
development of sarcoma, thereby proving that Alcid's work conditions aggravated his
illness.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66892
11/23