6/7/2020
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Petitioner appealed before the NLRC, where the case was docketed as NLRC LAC (OFWM) 11-000995-11.
On February 23, 2012, the NI.RC rendered its Decision granting the appeal, thus
setting aside the Labor Arbiter's August 31, 2011 Decision and awarding petitioner's
claims, as follows:
Complainant claims that as Chief Cook, his duties include the provisioning of
the ship, food preparation and budgeting, cleaning of dining, kitchen, galley
and food compartment and work areas; carrying of ship provisions, and
cleaning the heavy cooking utensils used by the vessel's cooks; likewise, he
is constantly exposed to the different climates, unpredictable weather and
the perils of the sea
In general, diabetes mellitus is a group of metabolic diseases which a person
has high blood sugar, either because the body does not produce enough
insulin, or because cells do not respond to the insulin that is produced.
'What are its risk factors?'
'Stress, both physical and mental, can send the blood sugar out of wreck. x
x x Both physical and emotional stress can prompt an increase in these
hormones, resulting in an increase in blood sugars.'
Day in and day out, with the continuous discharge by complainant of his
duties, the increase in his blood sugar becomes inevitable, thus aggravating
his controlled diabetes mellitus.
xxxx
Upon the other hand, high blood pressure is an ailment that is work
connected and is listed as a compensable ailment.
xxxx
Section 20, paragraph (B) sub paragraph 4 of the POEA-SEC provides that
those illnesses not listed in Section 32 of this contract are disputably
presumed work related.
xxxx
Undeniably therefore, there is work connection between the complainant's
aggravation of his illness and his work.
Capital is being made by respondents, and concurred in by the Labor Arbiter,
over the alleged non-reporting for post employment medical examination
within three (3) days from his arrival.
On the other hand, complainant claims 'that he reported his condition to
respondents, but the latter refused to provide him with his needed medical
assistance and attention. He was just told to go home to his province and
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