Dennis Gorecho .
THE rule is that a seafarer’s right to disability benefits is a matter governed by law, contract and medical findings.
In situations where the seafarer seeks to claim under the POEA Standard Employment Contract, 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 workelated; and (5) he complied with the four conditions enumerated under Section 32-A for an occupational disease or a disputably-presumed workelated disease to be compensable.
The POEA contract indicates the serious and grave nature of the injuries, diseases and/or illnesses contemplated , which are clearly specified and identified. It defines workelated 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. The list 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 xays, 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 hammers
10. Vascular disturbance in the lower extremities – varicocoele causing pain, varicose veins resulting in discoloration and ulceration.
11. Cardiovascular 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
To be entitled to compensation and benefits, 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 by substantial evidence that there is a causal connection between the seafarer’s illness or injury and the work for which he had been contracted
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.
However, the enumeration in Section 32-A does not preclude other illnesses/diseases not so listed from being compensable. The POEA contract 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 contract which states that “(t)hose illnesses not listed in Section 32 of this Contract are disputably presumed as workelated.” 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
(Atty. Gorecho heads the seafarers’ division of the Sapalo Velez Bundang Bulilan law offices. For comments, e-mail info@sapalovelez.com, or call 09175025808 or 09088665786)
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