4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly applicable. In that case, a causal connection between the nature of claimant’s employment as assistant housekeeping manager on board the vessel and his lymphoma, or the fact that the risk of contracting the illness was increased by his working conditions was not established. The petitioner, through the medical report of its company-designated physician, was able to sufficiently explain the basis in concluding that the claimant’s illness was not work-related. It was shown that the claimant had not been exposed to any carcinogenic fumes or to any viral infection in his workplace. In addition, he was declared fit to resume sea duties. No contrary medical finding was presented by him. Thus, it was held that he was not entitled to disability benefits. In the case at bench, a causal link between Laurel’s ailment and his working condition was sufficiently established. Other than the specific determination by the attending company doctor that “hyperthyroidism, in which there is overactivity of the thyroid gland, usually secondary to an immunologic reaction, is not work-related,”[40] no further explanation was given to support the conclusion that the illness was indeed not work-related. There was no declaration from the company doctor as regards his fitness to return to work, while he was advised by his own physician to refrain from undergoing strenuous activities. Anent the issue as to who has the burden to prove entitlement to disability benefits, the petitioners argue that the burden is placed upon Laurel to prove his claim that his illness was work-related and compensable. Their posture does not persuade the Court. True, hyperthyroidism is not listed as an occupational disease under Section 32-A of the 2000 POEA-SEC. Nonetheless, Section 20 (B), paragraph (4) of the said POEA-SEC states that "those illnesses not listed in Section 32 of this Contract are disputably presumed as work-related." The said provision explicitly establishes a presumption of compensability although disputable by substantial evidence. The presumption operates in favor of Laurel as the burden rests upon the employer to overcome the statutory presumption. Hence, unless contrary evidence is presented by the seafarer’s employer/s, this disputable presumption stands.[41] In the case at bench, other than the alleged declaration of the attending physician that Laurel’s illness was not workrelated, the petitioners failed to discharge their burden. In fact, they even conceded that hyperthyroidism may be caused by environmental factor. As correctly concluded by the CA: In the present case, it is reasonable to conclude with the NLRC that the respondent’s employment has contributed to some degree to the development of the disease. It is probable that the respondent’s thyroid condition was the result of an aggravation due to exposure to chemicals and stress that accompanied his work on an ocean-going vessel. In this light, the POEA Standard Contract has created a disputable presumption in favor of compensability saying that those illnesses not listed in Section 32 are disputably presumed as work-related. This means that even if the illness is not listed under the POEA standard contract as an occupational diseases or illness, it will still be presumed as work-related, and it becomes incumbent elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55780 10/15