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c. The employer shall pay the beneficiaries of the seafarer the
Philippines [sic] currency equivalent to the amount of One
Thousand US dollars (US$1,000) for burial expenses at the
exchange rate prevailing during the time of payment.
Petitioner also points out that prior to embarkation, Eduardo was given a “fit to work”
certification. Yet, he was repatriated due to hypertension. Therefore, his illness was
contracted on board the vessel, and his death should be compensated by his employer
even though he died after the term of his contract.[35]
On the other hand, respondents argue that the Court of Appeals’ ruling was correct
since Eduardo died after the term of his contract.[36]
His illness, diabetic
polyneuropathy secondary to diabetes, is not included in the list of occupational
diseases.[37]
Petitioner failed to show the causation between Eduardo’s work and
illness leading up to his death.[38]
Petitioner did not even refute the findings of the
company-designated physician.[39]
The Court of Appeals found that there was no grave abuse of discretion on the part of
the National Labor Relations Commission when it denied the claim for death benefits
since Eduardo died after the term of his contract. The Court of Appeals also explained
that:
[u]nder the Amended POEA Contract, the important requirement of workrelatedness was incorporated.
The incorporation of the work-related
provision has made essential causal connection between a seafarer’s work
and the illness upon which the claim of disability is predicated upon.
....
It should be emphasized that it is petitioner who has the burden of evidence
to prove that the illness for which she anchors her present claim for her
husband’s disability benefits is work-related.[40]
In this case, petitioner does not dispute the fact that her husband died after the term
of his contract. Instead, she emphasizes that her husband died due to a work-related
illness. Petitioner also argues that:
[she] was not merely faking [her] husband’s disability. The Medical Records
cannot lie and he was seen by a doctor abroad regarding his illness which
eventually [brought] about his death.[41]
Petitioner cites Section 20(A), paragraphs (1) and (4) to support her claim for death
benefits. She also cites the second paragraph of Section 20(B) to support her claim for
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