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on the employer to overcome the presumption. The petitioner has not
hurdled the bar, as the medical evidence that it submits even concedes that
hyperthyroidism may be caused by both environmental and congenital
factors. A mere aggravation of the illness by working conditions will suffice
to warrant entitlement to the benefits. The presumption of compensability
stands.[42]
Although the employer is not the insurer of the health of his employees, he takes them
as he finds them and assumes the risk of liability.[43] The quantum of evidence
required in labor cases to determine the liability of an employer for the illness suffered
by an employee under the POEA-SEC is not proof beyond reasonable doubt but mere
substantial evidence or "such relevant evidence as a reasonable mind might accept as
adequate to support a conclusion."[44] In this case, the Court finds that the decisions of
both the NLRC and the CA that Laurel’s illness was compensable were supported by
substantial evidence.
The compensability of Laurel’s hyperthyroidism having been established, the opinion of
the petitioners’ company-designated doctor that the illness was not work-related no
longer holds any particular significance. As correctly pointed out by the CA,
In this light, the opinion of the company-designated physician that the
illness is not work-related may have to be rejected. It is already idle to
discuss whether his views or those of the seafarer’s physician should carry
more weight, where it appears by the evidence that the illness is, in fact,
compensable.[45]
Nonetheless, the petitioners’ assertion that Laurel’s condition and disability can only be
assessed by the company-designated physician is a blatant misconception of the
provisions of the law. Section 20 (B), paragraph (3) of the POEA-SEC provides that:
Section 20 (B)
COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS
The liabilities of the employer when the seafarer suffers work-related injury
or illness during the term of his contract are as follows:
xxxx
3. Upon sign-off from the vessel for medical treatment, the seafarer is
entitled to sickness allowance equivalent to his basic wage until he is
declared fit to work or the degree of permanent disability has been
assessed by the company-designated physician but in no case shall
this period exceed one hundred twenty (120) days.
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