A SEAFARER’S heart ailment is considered compensable due to the strenuous nature of his work.
This was the ruling of the Supreme Court in the recent case of Eugenio Lumagas vs. Maersk-Flipinas Crewing (G.R. No. 256154 October 16, 2024) when it granted disability benefits to a seafarer who was medically repatriated due to “Deep Vein Thrombosis and Ischemic Heart Disease.”
The seafarer was connected with the company as an Electrical Engineer for more than 12 years prior to his last deployment.
As Electrical Engineer, his duties primarily involved maintenance of the equipment on the vessel, particularly all electrical motors, switchboards, fire detectors and the fire alarm system, refrigeration in the engine room, air conditioning units, and the refrigerated containers carried on the ship.
He was also responsible for the ship’s navigational lights and other navigational equipment, the batteries connected to onboard machineries (such as the batteries for alarm and lights, lifeboats, the emergency generator, etc.), as well as the cargo and engine room cranes electrical system.
He conducted routine maintenance for the main engine alarms and accompanied the Chief Engineer on his trips to check up on the state of the vessel.
His presence in the engine room was required during maneuvering of the vessel to tackle any kind of electrical emergency that may arise, assist in watch-keeping routines at the behest of the Chief Engineer, and assist the ship’s Engineer and Deck Officer in all kinds of electrical problems.
Four months after embarkation, he experienced extreme chest pains and inability to breathe. He was initially diagnosed with a “blood clotting disorder and abnormally high blood pressure.” He was later medically repatriated to the Philippines.
The seafarer was referred to the company designated physician wherein he was diagnosed with “Deep Vein Thrombosis; Ischemic Heart Disease; [and] Protein-S Deficiency.”
The company denied liability for partial and permanent disability benefits as they allege that the seafarer failed to prove a reasonable connection between his medical condition and his duties as a seafarer.
The Supreme Court ruled in favor of the seafarer.
Deep Vein Thrombosis and Ischemic Heart Disease are examples of cardiovascular events, coronary artery disease, and other heart ailments that are listed as occupational diseases under Section 32-A of the POEA Standard Employment Contract (SEC).
To be entitled to disability benefits for an occupational illness listed under Section 32-A of the POEA- SEC, a seafarer must show compliance with the following conditions: 1) his work must involve the risk described therein; 2) the disease was contracted as a result of his exposure to the described risks; 3) the disease was contracted within a period of exposure and under such other factors necessary to contract it; and 4) there was no notorious negligence on his part.
The Court has consistently held that the compensability of an injury or illness does not depend on whether it was pre-existing at the time of employment, but rather on whether such injury or illness is work-related or if the employee’s condition was aggravated by work.
The degree to which the employee’s work caused or aggravated the illness or injury need not be established with certainty, as it is enough that there exists a reasonable work connection for such condition to be compensable.
It is sufficient that the worker’s claim is probable “since probability, not certainty is the touchstone.”
The Court took note of the strenuous nature of the seafarer’s duties, from his 8- to 16-hour daily shifts to the responsibility of maintenance of essentially all electrical devices and systems on the ship.
Seafarers are generally at the mercy of harsh and unpredictable conditions of the sea and the weather and are continually exposed to risks and hazards of their chosen line of work.
The rigors of his work on board the vessel caused him serious mental and physical stress to the detriment of his health and made him susceptible to contracting cardiovascular diseases, such as Deep Vein Thrombosis and Ischemic Heart Disease.
There is also no allegation of notorious negligence on his part.
It is medically accepted that stress has major effects on a person’s metabolic activity, including seafarers who are exposed to various strain and stress — physical, mental and emotional.
A seafarer, having to ward off homesickness by reason of being physically separated from his family for the entire duration of his contract, bears a great degree of emotional strain while making an effort to perform his work well.
While inside the vessel for several months, a seafarer is exposed to physical and psychological stress due to his job, lack of sleep, heat stress, emergency works and homesickness for being away from his family.
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Atty. Dennis R. Gorecho heads the seafarers’ division of the Sapalo Velez Bundang Bulilan law offices. For comments, e-mail info@sapalovelez.com, or call 0908-8665786./PN
