PINOY MARINO RIGHTS: Occupational illnesses under the POEA seafarer’s contract

The rule is that a seafarer’s right to disability or death benefits is a matter governed by law, contract and medical findings.

In situations where the seafarer seeks to claim  under the Philippine Overseas Employment Administration Standard Employment Contract (POEA-SEC), Section 20-B  governs the compensation and benefits for the work-related injury or illness that a seafarer on board sea-going vessels may have suffered during the term of his employment contract. This section should be read together with Section 32-A of the POEA-SEC that enumerates the various diseases deemed occupational and therefore compensable.

The seafarer is required to prove that: (1) he suffered an illness; (2) he suffered this illness during the term of his employment contract; (3) he complied with the procedures prescribed under Section 20-B; (4) his illness is one of the enumerated occupational disease or that his illness or injury is otherwise work-related; and (5) he complied with the four conditions enumerated under Section 32-A for an occupational disease or a disputably-presumed work-related disease to be compensable.

The POEA-SEC reveals the serious and grave nature of the injuries, diseases and/or illnesses contemplated therein, which are clearly specified and identified.. It defines work-related injury and work related illness as any sickness resulting to disability or death as a result of one of the  twenty-four (24) occupational diseases listed under Section 32-A of the said contract with the conditions set therein satisfied.  It is not sufficient to simply 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 . (Magsaysay Maritime Corporation v. NLRC, 616 SCRA 362, 373.)

However, the enumeration in Section 32-A does not preclude other illnesses/diseases not so listed from being compensable. The POEA-SEC cannot be presumed to contain all the possible injuries that render a seafarer unfit for further sea duties.  This is in view of Section 20 (B) (4) of the POEA-SEC which states that “(t)hose illnesses not listed in Section 32 of this Contract are disputably presumed as work-related.”  This disputable presumption is made in the law to signify that the non-inclusion in the list of compensable diseases/illnesses does not translate to an absolute exclusion from disability benefits

Concomitant with the doctrine of disputable  presumption is the burden placed upon the claimant to present substantial evidence that his working conditions caused or at least increased the risk of contracting the disease. Substantial evidence consists of such relevant evidence which a reasonable mind might accept as adequate to justify a conclusion that there is a causal connection between the nature of his employment and his illness, or that the risk of contracting the illness was increased by his working conditions.  Nevertheless, only a reasonable proof of work-connection, not direct causal relation is required to establish compensability of a non-occupational disease.

The list under   Section 32-A includes the following:

1. Cancer of the epithelial lining of the bladder. (Papilloma of the bladder)
2. Cancer, epithellomatous or ulceration of the skin or of the corneal surface of the eye due to tar, pitch, bitumen, mineral oil or paraffin, or compound product or residue of these substances.
3. Deafness
4. Decompression sickness  (a) Caissons disease    (b) Aeroembolism
5. Dermatitis due to irritants and sensitizers
6. Infection
7. Ionizing radiation disease, inflammation, ulceration or malignant disease of skin or subcutaneous tissues of the bones or leukemia, or anemia of the aplastic type due to X-rays, ionizing particle, radium or radioactive substances.
8. Poisoning and its sequelae caused by certain chemicals
9. Vascular disturbance in the upper extremities due to continuous vibration from pneumatic  tools or power drills, riveting machines or hammer
10. Vascular  disturbance  in  the  lower extremities – varicocoele  causing  pain, varicose  veins resulting  in discoloration and ulceration.
11. Cardia-vascular events – to  include  heart  attack,  chest  pain  (angina),  heart  failure  or  sudden  death.
12. Cerebro-Vascular events
13. End organ damage resulting from uncontrolled hypertension
14. Cataract and pterygium
15. Poisoning by cadmium
16. Acute myeloid leukemia
17. Chronic lymphocytic leukemia
18. Vitreal  hemorrhage  and  retinal detachment
19. Hernia
20. Bronchial Asthma
21. Osteoarthritis
22. Peptic Ulcer
23. Viral hepatitis
24. Asbestosis
    
    (Atty. Gorecho heads the seafarers’ division of the  Sapalo Velez Bundang Bulilan  law offices. For comments, email info@sapalovelez.com, or call 09175025808 or 09088665786)