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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
For an occupational disease and the resulting disability or death to be compensable, all of the following conditions must be satisfied:
(1) The employee’s work and/or the working conditions must involve risk/s that caused the development of the illness;
(2) The disease was contracted as a result of the employee’s exposure to the described risks;
(3) The disease was contracted within a period of exposure and under such other factors necessary to contract it;
(4) There was no deliberate act on the part of the employee to disregard the safety measures or ignore established warning or precaution. (Board Resolution No. 11-05-13, s. 2011, Employees’ Compensation Commission)
A compensable sickness is defined in the case of Carmen Santos v. Employee’s Compensation Commission (G.R. No. 89222, April 07, 1993) as any illness definitely accepted as occupational disease listed by the Commission, or any illness caused by employment subject to proof that the risk of contracting the same is increased by the working conditions.
The case of NYK-FIL Ship Management, Inc. v. Talavera (G.R. No. 175894, November 14, 2008, citing 2000 POEA Standard Employment Contract) defines a work-related illness as any sickness resulting to disability or death as a result of an occupational disease listed under Section 32-A of this contract with the conditions set therein satisfied.
More recently, in the case of Alfredo Ani Corcoro, Jr. v. Magsaysay Mol Marine, Inc. (G.R. No. 226779, August 24, 2020), the Supreme Court ruled that:
“Under Section 20(A) of the POEA-SEC, an employer shall be liable for a seafarer’s illness or injury when it is proven that: (1) the injury or illness is work-related; and (2) the work-related injury or illness existed during the term of the seafarer’s employment contract. The POEA-SEC defines a work-related illness as any sickness resulting from an occupational disease under the non-exhaustive list in Section 32-A.”
The Employees’ Compensation Commission issued Board Resolution No. 11-05-13, s. 2011 providing for the guidelines and conditions of compensability of disability or death due to occupational diseases.
The law says:
“For an occupational disease and the resulting disability or death to be compensable, all of the following conditions must be satisfied:
(1) The employee’s work and/or the working conditions must involve risk/s that caused the development of the illness;
(2) The disease was contracted as a result of the employee’s exposure to the described risks;
(3) The disease was contracted within a period of exposure and under such other factors necessary to contract it;
(4) There was no deliberate act on the part of the employee to disregard the safety measures or ignore established warning or precaution.” (Board Resolution No. 11-05-13, s. 2011, Employees’ Compensation Commission)
Question: What is the basis of an employee’s entitlement to disability benefits?
Answer: The entitlement of an overseas seafarer to disability benefits is governed by law, the employment contract, and the medical findings. (Jerome Mariveles v. Wilhemsen-Smithbell Manning, Inc., G.R. Np. 238612, January 13, 2021)
Read also: NON-COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH STANDARDS
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