This is a case regarding compensability of permanent and total disability due to illness that is not listed as occupational disease but has been considered work related.
It is true that under Section 12-A of the POEA-SEC colon cancer is not listed as an occupational disease. But Section 20 of the same contract also states that those illnesses not listed are disputable presumed as work-related.
The Labor Arbiter and the NLRC decision granting permanent and total disability benefits in favor of Lino should be sustained as it was sufficiently shown that his having contracted colon cancer was, at the very least aggravated by his working conditions, taking into consideration his dietary provisions on board, his age and his job as Chief Engineer who was primarily in charge of the technical and mechanical operations of the vessels to ensure voyage safety.
To establish compensability of a non-occupational disease, reasonable proof of work connection and not direct causal relation is required. Probability, not the ultimate degree of certainty is the test of proof in compensation proceedings. Lino cited that the foods provided on board the vessels were mostly meat, high in fat and high in cholesterol. Noticeably WMP and LNC were silent when they argued that Lino’s affliction was brought about by diet and genetics.
It was only when the LA issued his decision finding colon cancer to be compensable because the risk was increased by the victuals provided on board when they started claiming other foods are available. It is also worth mentioning that while the company designated physician declared that Lino’s cancer is not work related, she nevertheless suggested that Lino’s sickness be given a disability grading of 1 which under the POEA-SEC constitutes permanent and total disability.
No comments:
Post a Comment