Seafarers by nature of their work are exposed to a variety
of occupational hazards making exposure to biological agents and the
concomitant risk of communicable diseases extremely high.
Because of their nature of work, seafarers are bound to
visit many ports in different parts of the world and are thus exposed to
various pandemic and epidemic diseases such as tuberculosis.
In Inter-Orient Maritime vs. Creer (G.R. No.
181921 September 17, 2014) , the Supreme Court pointed out that
pulmonary tuberculosis is airborne and easily transmissible by infected
patients. The risk of being infected, or acquiring, the tuberculosis infection
is mainly determined by exogenous factors.
The probability of contact with a case of tuberculosis, the
intimacy and duration of that contact, the degree of infectiousness of the
case, and the shared environment of the contact are all important determinants
of transmission.
On the other hand, the risk of developing the disease after
being infected is largely dependent on endogenous factors. The
tuberculosis bacteria may lie dormant in the infected person’s immune system
for years before it becomes reactivated, or he may ultimately develop the
disease within the first year or two after infection, depending on the innate
susceptibility to disease of the person and level of immunity.
In ruling for the compensability of tuberculosis, the
Supreme Court held in the case of BARKO vs. Alcayno (G.R. No.
188190 April 21, 2014) that
a certification declaring the seafarer as fit to work contrary to a
prior finding of tuberculosis can be considered as a ploy to circumvent the law
intended to defeat the seafarer’s right to be compensated for a
disability which the law considers as permanent and total.
The Supreme Court explained that tuberculosis is a
contagious infection caused by the airborne bacterium Mycobacterium
tuberculosis. It is usually transmitted by inhaling air contaminated by the
bacterium. Active tuberculosis usually begins in the lungs (pulmonary
tuberculosis). Tuberculosis that affects other part of the body (extrapulmonary
tuberculosis) usually comes from pulmonary tuberculosis that has spread through
the blood. Tuberculosis adenitis is a form of tuberculosis which affects the
lymph nodes.
The court noted that under the POEA contract,
"Pulmonary Tuberculosis" shall be considered as an occupational
disease in "any occupation involving constant exposure to harmful
substances in the working environment in the form of gases, fumes, vapors and
dust."
The seafarer’s daily tasks as an able bodied seaman were to
paint and chip rust on deck or superstructure of ship and to give directions to
crew engaged in cleaning wheelhouse and quarterdeck, which constantly exposed
him to different types of hazardous chemicals, such as paints, thinners, and
other forms of cleaning agents and harmful substances, that may have invariably
contributed to the aggravation of his illness.
The Supreme Court noted the suspicious gesture of the
company in having a medical certification declaring him as "fit to
work" despite apparent clear knowledge that he has been subjected to a
long period of medical treatment.
For a sick seafarer to be entitled to medical
benefits under the POEA Contract, 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 .
TB bacteria most commonly grow in the lungs, and can cause symptoms such as a
bad cough that lasts three weeks or longer, pain in the chest and
coughing up blood or sputum (mucus from deep inside the lungs). Other symptoms
of TB disease may include weakness or fatigue, weight loss, no appetite,
chills, fever, and sweating at night.
Since one of the requirement for an illness to be
compensable is that the seafarer suffered said illness during the effectivity
of the POEA contract, it is imperative that his condition or
symptoms must be documented while he is on board the vessel.
Otherwise, his claim for disability benefits might be denied
due to failure to prove that said illness occurred while his contract is still
in force.
(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)
