4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly 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. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55780 11/15

Select target paragraph3