Occupational illnesses under the POEA seafarer’s contract

 

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 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. Thus, for a seafarer to be entitled to the compensation and benefits under Section 20-B, the disability causing illness or injury must be one of those listed under Section 32-A.    

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.  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 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 hammers

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

A seafarer suffering from an occupational disease would still have to satisfy four (4) conditions before his or her disease may be compensable:

1.         The seafarer's work must involve the risks describe therein;

2.         The disease was contracted as a result of the seafarer's exposure to the described risks;  

3.         The disease was contracted within a period of exposure and under such factors necessary to contract it; and

4.         There was no notorious negligence on the part of the seafarer.

In other words, to be entitled to compensation and benefits under this provision, 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. 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."  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.

 

 

Atty. Dennis R. Gorecho  is a graduate of UP College of Law (1998)  and  is currently a junior partner of Sapalo Velez Bundang Bulilan (SVBB) law offices  who heads the seafarers’ division. He is a  speaker on  nationwide paralegal seminars on  seafarers rights.  He is presently the executive vice president of the Maritime Law Association of the Philippines (MARLAW),  and an active  member of the Maritime Forum Inc. , the National Seafarers Day (NSD) committee and International Pro Bono Network. The SVBB law works hand in hand with various seafarers welfare  organizations such as the Apostleship of the Seas (AOS) Philippines , Luneta Seafarers Welfare Foundation (LUSWELF) and United Filipino Seafarers (UFS) . He is a legal commentator on maritime issues on print, radio and TV. A co-anchor of the radio program Bantay OCW Usapang Marino aired over Radio Inquirer/ DZIQ every Wednesday 10:30am to 12noon. For comments, please send  email  at info@sapalovelez.com or call  09175025808/ 09088665786.