6/7/2020
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Court accorded greater weight to the assessments of the company
designated physician and the consulting medical specialist which resulted
from an extensive examination, monitoring and treatment of the seafarer's
condition, in contrast with the recommendation of the private physician
which was "based only on a single medical report . . . [outlining] the alleged
findings and medical history . . . obtained after . . . [one examination]."
(Emphasis supplied)
In the recent case of Dalusong v. Eagle Clare Shipping Philippines, Inc., we
ruled that "the findings of the company-designated doctor, who, with his
team of specialists . . . periodically treated petitioner for months and
monitored his condition, deserve greater evidentiary weight than the single
medical report of petitioner's doctor, who appeared to have examined
petitioner only once."[52]
In the second substantive issue, petitioner insists that in order to be compensable, the
worker is only burdened to prove the probability, and not absolute certainty, that the
nature of his employment had caused or contributed, even to a small degree, in the
development or aggravation of his illness and the deterioration of his health. Petitioner
asserts that, since he was found to be fit for work prior to his deployment, the only
conclusion that can be reached is that his employment with respondent is the primary
cause of his hypertension. Petitioner also claims that under the prevailing POEA-SEC all
other illnesses suffered by the seafarer on board the vessel, which are not listed as
occupational diseases, are presumed work-related.
The Court is not persuaded.
For disability to be compensable under the above POEA-SEC, two elements must
concur: (1) the injury or illness must be work-related; and (2) the work-related injury
or illness must have existed during the term of the seafarer's employment contract. To
be entitled to compensation and benefits under the governing POEA-SEC, it is not
sufficient to establish that the seafarer's illness or injury has rendered him permanently
or partially disabled; it must also be shown that there is a causal connection between
the seafarer's illness or injury and the work for which he had been contracted.[53]
In other words, while the law recognizes that an illness may be disputably presumed to
be work-related, the seafarer or the claimant must still show a reasonable connection
between the nature of work on board the vessel and the illness contracted or
aggravated.[54] Thus, the burden is placed upon the claimant to present substantial
evidence that his work conditions caused or at least increased the risk of contracting
the disease.[55]
In this case, however, petitioner relied on the presumption that his illness is workrelated but he was unable to present substantial evidence to show that his work
conditions caused or, at the least, increased the risk of contracting his illness. Neither
was he able to prove that his illness was pre¬existing and that it was aggravated by
the nature of his employment. Thus, the LA and the CA correctly ruled that he is not
entitled to any disability compensation.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63251
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