LABOR LAW

AND SOCIAL
LEGISLATION
Social Legislation

SOCIAL LEGISLATION
A. SOCIAL SECURITY SYSTEM LAW (R.A. No.
8282)
1. Coverage and Exclusions
1. ALL EMPLOYEES including
Kasambahays or domestic workers not
over 60 years old and THEIR
EMPLOYERS;
2. SPOUSES who devote full-time to
managing the household and its affairs
unless engaged in other vocation or
employment
3. SELF-EMPLOYED individuals as may be
determined by the SSC, including:
a. Self-employed professionals;
b. Partners and single proprietors of
businesses;
c. Actors and actresses, directors,
scriptwriters and news
correspondents who do not fall
within the definition of the term
"employee";
d. Professional athletes, coaches,
trainers and jockeys; and
e. Individual farmers and fishermen.
4. OFWs (sea-based and land-based)
The manning agencies, as agents of their
principals, are considered employers of
sea-based OFWs; they shall also be
jointly and severally liable with their
principals with respect to civil liabilities.
2. Dependents and beneficiaries
DEPENDENTS
1. LEGAL SPOUSE entitled by law to
receive support from the member;
2. LEGITIMATE, LEGITIMATED OR
LEGALLY ADOPTED, AND
ILLEGITIMATE CHILD who is
unmarried, not gainfully employed,
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and has not reached twenty-one (21)
years of age, or if over twenty-one (21)
years of age, he is congenitally or while
still a minor has been permanently
incapacitated and incapable of self-
support, physically or mentally; and
3. PARENT who is receiving regular
support from the member.
BENEFICIARIES
1. DEPENDENT SPOUSE until he or
she remarries;
2. DEPENDENT LEGITIMATE,
LEGITIMATED OR LEGALLY
ADOPTED, AND ILLEGITIMATE
CHILDREN, who shall be the
primary beneficiaries of the
member:
⚫ The dependent illegitimate children
shall be entitled to fifty percent
(50%) of the share of the legitimate,
legitimated or legally adopted
children:
⚫ In the absence of the dependent
legitimate, legitimated or legally
adopted children of the member,
his/her dependent illegitimate
children shall be entitled to one
hundred percent (100%) of the
benefits.
3. In their absence, the DEPENDENT
PARENTS who shall be the secondary
beneficiaries of the member. In the
absence of all the foregoing, any other
person designated by the member as
his/her secondary beneficiary.
3. Benefits
a. Retirement benefits
Member has paid at least one hundred
twenty (120) monthly contributions
prior to the semester of retirement and
who:
1. has reached the age of sixty (60)
years and is already separated
from employment or has ceased
to be self-employed; or
 2. has reached the age of sixty-five
(65) years, shall be entitled for as
long as he lives to the monthly
pension:
He shall have the option to
receive his first eighteen (18)
monthly pensions in lump sum
discounted at a preferential rate
of interest to be determined by
the SSS.
• A covered member who is sixty (60)
years old at retirement and who does
not qualify for pension benefits as
above, shall be entitled to a lump
sum benefit equal to the total
contributions paid by him and on his
behalf, provided, That he is separated
from employment and is not
continuing payment of contributions
to the SSS on his own.
The monthly pension shall be
suspended upon the reemployment
or resumption of self-employment of
a retired member who is less than
sixty-five (65) years old. He shall
again be subject to Section 18 and his
employer to Section 19 of Social
Security Act.
• Upon the death of the retired
member, his primary beneficiaries as
of the date of his retirement shall be
entitled to receive the monthly
pension: Provided, That if he has no
primary beneficiaries and he dies
within sixty (60) months from the
start of his monthly pension, his
secondary beneficiaries shall be
entitled to a lump sum benefit
equivalent to the total monthly
pensions corresponding to the
balance of the five-year guaranteed
period, excluding the dependents'
pension.
• The monthly pension of a member
who retires after reaching age sixty
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(60) shall be the higher of either: (1)
the monthly pension computed at
the earliest time he could have
retired had he been separated from
employment or ceased to be self-
employed plus all adjustments
thereto; or (2) the monthly pension
computed at the time when he
actually retires.
b. Death benefits
Upon the death of a member who has
paid at least thirty-six (36) monthly
contributions prior to the semester of
death, his primary beneficiaries shall be
entitled to the monthly
pension: Provided, That if he has no
primary beneficiaries, his secondary
beneficiaries shall be entitled to a lump
sum benefit equivalent to thirty-six (36)
times the monthly pension. If he has not
paid the required thirty-six (36) monthly
contributions, his primary or secondary
beneficiaries shall be entitled to a lump
sum benefit equivalent to the monthly
pension times the number of monthly
contributions paid to the SSS or twelve
(12) times the monthly pension,
whichever is higher.
c. Permanent disability benefits
Upon the permanent total disability of a
member who has paid at least thirty-six
(36) monthly contributions prior to the
semester of disability.
The monthly pension and dependents'
pension shall be suspended upon the
reemployment or resumption of self-
employment or the recovery of the
disabled member from his permanent
total disability or his failure to present
himself for examination at least once a
year upon notice by the SSS.
Upon the death of the permanent total
disability pensioner, his primary
beneficiaries as of the date of disability
 shall be entitled to receive the monthly
pension.
d. Funeral benefit
Equivalent to Twelve thousand pesos
(P12,000.00) shall be paid, in cash or in
kind, to help defray the cost of funeral
expenses upon the death of a member,
including permanently totally disabled
member or retiree.
e. Sickness benefit
A member who has paid at least three (3)
monthly contributions in the twelve-
month period immediately preceding the
semester of sickness or injury and is
confined therefor for more than three (3)
days in a hospital or elsewhere with the
approval of the SSS, shall, for each day of
compensable confinement or a fraction
thereof, be paid by his employer, or the
SSS, if such person is unemployed or
self-employed, a daily sickness benefit
equivalent to ninety percent (90%) of his
average daily salary credit
f. Maternity Leave Benefit
(See Handout No. 3 (Labor Standards) on
Special Workers)
g. Unemployment Insurance / Involuntary
Separation Benefit
A member who is not over sixty (60)
years of age who has paid at least thirty-
six (36) months contributions twelve (12)
months of which should be in the
eighteen-month period immediately
preceding the involuntary
unemployment or separation shall be
paid benefits in the form of monthly cash
payments equivalent to fifty percent
(50%) of the average monthly salary
credit for a maximum of two (2)
months: Provided, That an employee who
is involuntarily unemployed can only
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claim unemployment benefits once every
three (3) years: Provided, further, That in
case of concurrence of two or more
compensable contingencies, only the
highest benefit shall be paid, subject to
the rules and regulations that the
Commission may prescribe.
B. GOVERNMENT SERVICE INSURANCE
SYSTEM LAW (R.A. No. 8291)
1. Coverage and exclusions
Membership in the GSIS shall be compulsory
for all employees receiving compensation
who have not reached the compulsory
retirement age, irrespective of employment
status
Exclusions
1. Members of the Judiciary and Constitutional
Commissions;
2. Contractual employees who have no
employee-employer relationship with their
agencies;
3. Uniformed members of the Armed forces of
the Philippines and the Philippine National
Police, including the Bureau of Jail
Management and Penology and the Bureau
of Fire Protection
4. Barangay and Sanggunian Officials who are
not receiving fixed monthly compensation
2. Dependents and beneficiaries
Primary Beneficiaries
1. The dependent spouse until he or she
remarries.
2. Dependent Children
Unlike to SSS Law, GSIS did not distinguish the
share of legitimate and illegitimate children.
Secondary Beneficiaries
1. Dependent Parents, in the absence of primary
beneficiaries;
2. Legitimate descendants
3. Benefits service. In effect, he shall be considered a new
entrant.
a. Retirement Benefits
b. Separation pay
b. Separation benefits
c. Unemployment Benefit
The separation benefits shall consist of:
d. Disability Benefits
a. A cash payment equivalent to one
e. Survivorship Benefits
hundred percent (100%) of his average
f. Funeral Benefits
monthly compensation for each year of
service he paid contributions, but not
a. Retirement benefits
less than Twelve thousand pesos
It shall consists of a monthly pension which
(P12,000) payable upon reaching sixty
is computed based on years of creditable
(60) years of age upon separation,
service and average monthly compensation
whichever comes later: Provided, that
for the last 3 years.
the member resigns or separates from
the service after he has rendered at
Eligibility Requirements:
least three (3) years of service but less
1. Rendered at least 15 years of service;
than fifteen (15) years; or
2. At least 60 years of age;
3. Not receiving a monthly pension benefit
b. A cash payment equivalent to eighteen
from permanent total disability
(18) times his basic monthly pension at
the time of resignation or separation,
Retirement benefit option
plus an old-age pension benefit equal
A retiring member has the following options:
to the basic monthly pension payable
monthly for life upon reaching the age
a. 5 year lump sum equivalent to 60 months of
of sixty (60): Provided, that the
the basic monthly pension (BMP), subject to
member resigns or separates from the
qualification requirements, less all
service after he has rendered at least
outstanding of the member in accordance
fifteen (15) years of service and is
with the claims and loan interdependence
below sixty (60) years of age at the time
policy, plus an old age pension benefit equal
of resignation or separation (Sec. 11,
to BMP payable for life, starting on the first
R.A. 8291).
day of the month following the expiration of
the 5-year guaranteed period; or
c. Unemployment or involuntary separation
benefits
b. cash payment equivalent to eighteen (18)
months of his basic monthly pension plus
Eligibility requirement:
monthly pension for life payable
1. He was a PERMANENT employee at the
immediately with no five-year (5) guarantee.
time of separation;
2. His separation was involuntary due to
NOTE: Change of retirement benefit option
the abolition of his office or position
from 18 months cash payment plus immediate
resulting from reorganization;
pension to 5 year lump sum, or vice versa, shall
3. He has been paying the required
NOT be allowed.
premium contributions for at least 1 year
but less than 15 years prior to separation.
Re-employment
When a retired/separated member is re-employed
Amount of benefit
or reinstated in the service, his previous services
50% of the average monthly compensation
credited at the time of his retirement/separation
and shall be paid in accordance with the
for which a corresponding benefit had been
schedule provided in the IRR of the GSIS law.
awarded, shall be excluded in the computation of

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 Unemployment benefits shall be paid in
accordance with the following schedules:
Benefit
Contributions Made
Duration
1 year but less than 3 years 2 months
3 or more years but less than
3 months
6 years
6 or more years but less than
4 months
9 years
9 or more years but less than
5 months
11 years
11 or more years but less
6 months
than 15 years
d. Disability benefits
Disability refers to any loss or impairment of
the normal functions of the physical and/or
mental faculties of a member, which
permanently or temporarily prevents him to
continue with his work or engage in any other
gainful occupation resulting in the loss of
income.
There must be a proof that the employee’s
working condition increased the risk of
contracting the disease, or that there is a
connection between his work and the cause of
the disease. moreover, direct and clear evidence
is not necessary to prove a claim. Strict rules of
evidence do not apply, PD 626 only requires
substantial evidence. (GSIS vs. Besitan [2011])
The right to compensation extends to disability
due to disease supervening upon and
proximately and naturally resulting from a
compensable injury. (GSIS vs. Calumpiano
[2014])
Kinds of Disability
a. Permanent Total Disability (PTD)
It is due to injury or disease causing complete,
irreversible and permanent incapacity that
will permanently disable a member to work or
to engage in any gainful occupation resulting
to loss of income.
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Deemed total and permanent disabilities:
a. complete loss of sight of both eyes;
b. loss of two (2) limbs at or above the ankle
or wrist;
c. permanent complete paralysis of two (2)
limbs;
d. brain injury resulting in incurable
imbecility or insanity; and
e. such other cases as may be determined
by the GSIS (Sec. 16[d], RA 8291)
Eligibility Requirements
1. He is in the service at the time of
disability; or
2. If separated from the service, he has paid
at least thirty-six (36) monthly
contributions within the five (5) year
period immediately preceding disability,
or has paid a total of at least one hundred
eighty (180) monthly contributions, prior
to his disability;
Provided, however, that the following
conditions shall be met
• He is gainfully employed prior to the
commencement of disability resulting in
loss of income as evidenced by any
incontrovertible proof thereof;
• He is not a registered of any social
insurance institution; and
• He is not receiving any other pension
either from GSIS or another local or
foreign institution or organization.
b. Permanent Partial Disability (PPD)
The period of entitlement to PPD benefit shall
be determined after due medical evaluation;
but such period of entitlement to the benefit
shall not exceed 12 months for the same
contingency. Only the leave of absence/s
without pay incurred during the period of
entitlement, duly certified by the authorized
officer of the agency where he is employed,
shall be compensable. The amount of PPD
benefit shall be computed by dividing the
basic monthly pay by 30 days and multiplying
the quotient by the number of compensable
calendar days of leave of absence without pay.
Deemed partial and permanent disability:
a. complete and permanent loss of the use of:
any finger; any toe; one arm; one hand;
one foot; one leg; one or both ears; hearing
of one or both ears; sight of both eyes; or
b. such other cases as may be determined by
the GSIS (Sec. 17[b], R.A. 8291)
Eligibility Requirement:
1. He is in service at the time of disability;
or
2. If separated from the service, he has paid
at least 36 months contributions within
the 5 year period immediately preceding
his disability; or has paid a total of at
least 180 months contributions prior to
his disability; provided, however, that
the following conditions shall be met:
i. He is gainfully employed
prior to the commencement of
disability resulting in loss of
income as evidenced by any
incontrovertible proof thereof;
ii. He is not a registered of any
social insurance institution; and
iii. He is not receiving any other
pension either from GSIS or
another local or foreign
institution or organization.
c. Temporary Total Disability (TTD)
The period of entitlement to TTD benefit
shall be determined after due medical
evaluation and proof of actual loss of work
resulting in loss of income by way of the
incurred actual number of days of leave of
absence/s without pay duly certified by the
authorized officer of the agency where he
is employed; but such period of
entitlement to the benefit shall not exceed
120 days in one calendar year. However, if
the disability requires more extensive
treatment that lasts beyond 120 days, the
payment of the TTD may be extended by
the GSIS but not to exceed 240 days.
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Eligibility Requirement
1. He is in the service at the time of disability;
2. If separated from the service, he has paid at
least 36 months contributions within the 5
year period immediately preceding his
disability; or has paid a total of at least 180
months contributions prior to his disability;
provided, however, that the following
conditions shall be met:
i. He is gainfully employed prior to the
commencement of disability
resulting in loss of income as
evidenced by any incontrovertible
proof thereof;
ii. He is not a registered of any social
insurance institution; and
iii. He is not receiving any other
pension either from GSIS or another
local or foreign institution or
organization.
All injuries, disabilities and all other infirmities
compensable under PD 626 shall NOT be
compensable under this Act (RA 8291).
Any disability or injury as a result of, or due to
grave misconduct, participation in riots, gross and
inexcusable negligence, under the influence of
drugs or alcohol or willful intention to injure or
kill himself or another, shall NOT be
compensable.
If the member has 2 or more different
contingencies during the same period of benefit
entitlement, he shall be compensated only once
for the overlapping periods.
Suspension of Benefit
Any applicable disability benefit shall be
suspended when he is (1) Re-employed; (2)
Recovers, as determined by GSIS, whose decision
shall be final and binding; (3) Fails to present for
medical examination when required by GSIS; (4)
Receiving other pension from GSIS or another
local or foreign institution or organization.
Forfeiture of benefits
Automatic forfeiture of the right to continue
pension when the disable member refuses or
deliberately fails to:
1. Have himself medically treated by a
physician when required by GSIS;
2. Take prescribed medications;
3. Have himself confined without justifiable
reason, when required;
4. Avail of the rehabilitation facilities
recommended by GSIS and made available
for him;
5. Observe precautionary and/ or preventive
measures as prescribed by a physician to
prevent the aggravation or continuance of his
disability.
e. Survivorship benefits
When a member or pensioner dies, the
beneficiaries shall be entitled to survivorship
benefits which shall consist of:
1. Survivorship Pension consisting of:
a. the basic survivorship pension which
is fifty percent (50%) of the basic
monthly pension; and
b. the dependent children’s pension not
exceeding fifty percent (50%) of the
basic monthly pension (Sec. 20, R.A.
8291).
2. Cash payment equivalent to 18 months
basic monthly pay;
3. Cash payment equivalent to 100% of the
average monthly compensation
The survivorship pension shall be paid as follows:
a. when the dependent spouse is the only
survivor, he/she shall receive the basic
survivorship pension for life or until
he/she remarries;
b. when only dependent children are the
survivors, they shall be entitled to the
basic survivorship pension for as long as
they are qualified, plus the dependent
children’s pension equivalent to ten
percent (10%) of the basic monthly
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pension for every dependent child not
exceeding five (5), counted from the
youngest and without substitution;
c. when the survivors are the dependent
spouse and the dependent children, the
dependent spouse shall receive the basic
survivorship pension for life or until
he/she remarries, and the dependent
children shall receive the dependent
children’s pension mentioned in the
immediately preceding paragraph (2)
hereof (Sec. 21[b], R.A. 8291).
Eligibility Requirements:
The primary and secondary beneficiaries,
except dependent children, shall be entitled to
applicable survivorship benefits, provided:
1. Not engaged in any gainful occupation;
Gainful occupation refers to any product
activity that provided the member with
income at less equal to the minimum
compensation of government employees.
(Sec 2p, RA 8291)
2. Surviving spouse and the deceased
member were living together as husband
and wife;
3. Not gainfully engaged in business or
economic activity;
4. Employed or engaged in a business or
economic activity but receiving income less
than the minimum compensation of
government employees;
5. Not receiving any other pension from GSIS
or other local or foreign institution or
organization;
6. In case of dependent spouse, payment of
the pension shall discontinue when he
remarries, cohabits, or engage in common-
law relationship.
f. Funeral benefits
It is intended to help defray the expenses
incident to the burial and funeral of the
deceased member, pensioner or retiree under
RA 660, RA 1616, PD 1146, RA 8291.
To whom payable:
a. Legitimate spouse; or
b. Legitimate child who spent for funeral
services; or
c. Any other person who can show
incontrovertible proof that he shouldered
the funeral services of the deceased.
Conditions for Entitlement:
1. An active member; or
2. Separated from service with 15 years of
creditable service, but entitled to future
separation or retirement benefits; or
3. Old age or disability pensioner; or
4. Retiree is at least 60 years old and at least 20
years of service but opts to retire under RA
1616 on or after June 24, 1997; or
A member who retired under RA 1616 prior to
June 24, 1997 with at least 20 years of service,
regardless of age.
C. LIMITED PORTABILITY LAW (R.A. No.
7699)
It is hereby declared the policy of the State to
promote the welfare of our workers by
recognizing their efforts in productive endeavors
and to further improve their conditions by
providing benefits for their long years of
contribution to the national economy. Towards
this end, the State shall institute a scheme for
totalization and portability of social security
benefits with the view of establishing within a
reasonable period a unitary social security system
‘Portability’ shall refer to the transfer of funds for
the account and benefit of a worker who transfers
from one system to the other
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‘System’ shall refer to either the SSS as created
under Republic Act No. 1161, as amended or the
GSIS as created under Presidential Decree No.
1146, as amended (Sec. 2[d], R.A. 7699).; and
‘Totalization’ shall refer to the process of adding
up the periods of creditable services or
contributions under each of the Systems, for
purposes of eligibility and computation of
benefits
Coverage
All-worker members of GSIS and/or SSS who
transfer from public sector to private sector or
vice-versa, or who wishes to retain their
membership in both systems.
Creditability and Totalization of Contributions
and Benefits in SSS and GSIS
Provisions of any general or special law or rules
and regulations to the contrary notwithstanding,
a covered worker who transfers employment
from one sector to another or is employed in both
sectors shall have his credible services or
contributions in both Systems credited to his
service or contribution record in each of the
Systems and shall be totalized for purposes of
old-age, disability, survivorship and other
benefits in case the covered member does not
qualify for such benefits in either or both Systems
without totalization: Provided, however, That
overlapping periods of membership shall be
credited only once for purposes of totalization.
D. DISABILITY AND DEATH BENEFITS
1. Labor Code
Under the Labor Code, employees’ compensation
(EC) benefits are granted to employees or their
dependents for work-connected disability or
death, particularly those resulting from accident
arising out of and in the course of the
employment.
A. Types of Disability
a. Temporary Total Disability
As a result of the injury or sickness, the employee
is unable to perform any gainful occupation for a
continuous period not exceeding 120 days, except
as otherwise provided under the rules.
Amount of Benefits
Any employee who is suffering from temporary
total disability shall be paid by the System an
income benefit equivalent to ninety (90) percent of
his average daily salary credit, subject to the
following conditions:
• The daily income benefit is not less than
Ten (10) pesos nor more than Ninety (90)
pesos, nor paid for a continuous period
longer than 120 days.
o Unless the injury or sickness
requires more extensive treatment
that lasts beyond 120 days not
exceeding 240 days from the onset
of disability.
• The monthly income benefit shall be
suspended if the employee fails to submit
a monthly medical report certified by its
attending physician.
b. Permanent Total Disability
As a result of the injury or sickness, the employee
is unable to perform any gainful occupation for a
continuous period exceeding 120 days, except as
otherwise provide under the rules.
But Sec. 2, Rule X of the Amended Rules on
Employees Compensation provides that where
such injury or sickness still requires medical
attendance beyond 120 days but not exceed 240
days from onset of disability.
The test of whether or not an employee suffers
from ‘permanent total disability’ is a showing of
the capacity of the employee to continue
performing his work notwithstanding the
disability he incurred.
A total disability does not require that the
employee be absolutely disabled, or totally
paralyzed. What is necessary is that the injury
must be such that the employee cannot pursue
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her usual work and earn therefrom. On the other
hand, a total disability is considered permanent if
it lasts continuously for more than 120 days.
(Remigio v. NLRC, G.R. No. 159887 [2006])
The Labor Code enumerates six instances
considered to be a total and permanent disability:
1. Temporary total disability lasting
continuously for more than 120 days,
except as otherwise provided for in the
Rules;
2. Complete loss of sight of both eyes;
3. Loss of two limbs at or above the ankle
or wrist;
4. Permanent complete paralysis of two
limbs;
5. Brain injury resulting in incurable
imbecility or insanity; and
6. Such cases as determined by the Medical
Director of the System and approved by
the Commission.
Amount of Benefits
Any employee who is suffering from permanent
total disability shall be paid an amount equivalent
to the monthly income benefit, plus 10% thereof
for each dependent child but not exceeding five,
beginning with the youngest and without
substitution: Provided, That the monthly income
benefit shall be the new amount of the monthly
benefit for all covered pensioners. (Art. 198)
The monthly income benefit shall be guaranteed
for five (5) years, and shall be suspended if the
employee is gainfully employed, or recovers from
his permanent total disability, or fails to present
himself for examination at least once a year upon
notice by the System. (Id.)
c. Permanent Partial Disability
As a result of the injury or sickness, the employee
suffers a permanent partial loss of the use of any
part of his body.
The injury or sickness is compensable by medical
services, appliances, and rehabilitation services.
Amount of Benefits
Any employee who is suffering from permanent
total disability shall, for each month not
exceeding the period designated herein, be paid
by the System depending on the degree of the
disability, as well as the portion of the body part
that was lost.
B. Death Benefits
Monthly Income Benefit
• Upon the death of the covered employee
covered under this Title, the System shall
pay to the primary beneficiaries an
amount equivalent to his monthly income
benefit, plus ten percent thereof for each
dependent child, but not exceeding five,
beginning with the youngest and without
substitution, except as provided for in
paragraph (j) of Art. 167 hereof: Provided,
That
• The monthly income benefit shall be
guaranteed for five years;
• If he has no primary beneficiary, the
System shall pay to his secondary
beneficiaries the monthly income
benefit but not to exceed sixty months;
and
• The minimum death benefit shall not
be less than fifteen thousand pesos.
• Upon the death of a covered employee
who is under permanent total disability
under this Title, 80% of the monthly
income benefit and his dependents to the
dependents’ pension: Provided, That
• The marriage must have been validly
subsisting at the time of disability;
• If he has no primary beneficiary, the
System shall pay to his secondary
beneficiaries the monthly pension
excluding the dependents’ pension, of
the remaining balance of the five-year
guaranteed period; and
• The minimum death benefit shall not
be less than fifteen thousand pesos.
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COMPENSABILITY
Grounds
a) Injury and the resulting disability or
death - the injury must be a result of
accident arising out of and in the
course of the employment. (ECC
Resolution No. 2799, July 25, 1984)
b) Sickness and resulting disability or
death - sickness must be the result of
an occupational disease listed in
Annex A of the Rules with the
conditions set therein satisfied,
otherwise show proof that the risk of
contracting the disease is increased by
the working conditions.
What the law requires for a claim of
sickness benefits before the ECC is not a
direct causal relation between the sickness
and the work, but a reasonable work-
connection. (Villamor vs. Employee’s
Compensation Commission [2016])
No compensation is allowed to the
employee or his dependents when the
injury, sickness, disability, or death was
occasioned by the ff:
1. His intoxication;
2. His willful intention to injure or kill
himself or another; or
3. His notorious negligence.
24-hour duty doctrine
A soldier on active duty status is really on
24 hours a day official duty status and is
subject to military discipline and military
law 24 hours a day. He is subject to call and
to the orders of his superior officers at all
times, 7 days a week, except, of course,
when he is on vacation leave status (which
Sgt. Hinoguin was not). Thus, we think
that the work-connected character of
Sgt. Hinoguin's injury and death was not
effectively precluded by the simple
circumstance that he was on an overnight
pass to go to the home of Dft. Alibuyog, a
soldier under his own command.
Sgt. Hinoguin did not effectively cease
performing "official functions" because he
was granted a pass. While going to a fellow
soldier's home for a few hours for a meal
and some drinks was not a doing of the work, but a reasonable margin
specific military duty, he was nonetheless
in the course of performance of official
functions. Indeed, it appears to us that a
soldier should be presumed to be on
official duty unless he is shown to have
clearly and unequivocally put aside that
status or condition temporarily by, e.g.,
going on an approved vacation leave. Even
vacation leave may, it should be
remembered, be preterminated by superior
orders. (Hinoguin v. Employees'
Compensation Commission [1989])
Members of the national police are by the
nature of their functions technically on
duty 24 hours a day" because policemen
are subject to call at any time and may be
asked by their superiors or by any
distressed citizen to assist in maintaining
the peace and security of the community.
BUT the 24-hour doctrine should not be
sweepingly applied to all acts and
circumstances causing the death of a police
officer but only to those which, although
not on official line of duty, are nonetheless
basically police service in character. Thus, a
police officer who was shot while ferrying
passengers for a fee, an intrinsically private
and unofficial act, cannot benefit from the
doctrine. (GSIS v. CA and Alegre [1999])
The 24-hour-duty doctrine cannot be
applied when the employee was neither at
his assigned work place nor in pursuit of
the orders of his superiors when he met an
accident. But the more important
justification for the Court's stance is that he
was not doing an act within his duty and
authority as a firetruck driver (he came
from a dinner), or any other act of such
nature, at the time he sustained his
injuries. (Valeriano v. Employees'
Compensation Commission [2000])
12
Coming and Going Rule
Employment includes not only the actual
of time and space necessary to be used in
passing to and from the place where the
work is to be done. If the employee be
injured while passing, with the express or
implied consent of the employer, to or
from his work by a way over the
employer's premises, or over those of
another in such proximity and relation as
to be in practical effect a part of the
employer's premises, the injury is one
arising out of and in the course of the
employment as much as though it had
happened while the employee was
engaged in his work at the place of its
performance. (Lazo v. Employees'
Compensation Commission, [1990])
Increased risk doctrine
The principles of "presumption of
compensability" and "aggravation" found
in the old Workmen's Compensation Act is
expressly discarded under the present
compensation scheme. The new principle
being applied is a system based on social
security principle; thus, the introduction of
"proof of increased risk." HOWEVER, there
must be proof of the increased risk on the
part of the employee. Without proof, the
claim for death benefits by the heirs of the
deceased employee on account of leukemia
shall be denied. (Lorenzo v. GSIS [2013])
Under the increased risk theory, there must
be a reasonable proof that the employee's
working condition increased his risk of
contracting the disease, or that there is a
connection between his work and the cause
of the disease. Only a reasonable proof of
work-connection, not direct causal relation,
however, is required to establish
compensability of a non-occupational
disease. Probability, and not certainty, is
the yardstick in compensation proceedings;
thus, any doubt should be interpreted in
favor of the employees for whom social
 legislations, like PD No. 626, were
enacted. (GSIS v. Besitan [2011])
THUS, the employee’s frequent travels to
remote areas in the country could have
exposed him to certain bacterial, viral, and
parasitic infection, which in turn could
have caused end stage renal disease.
Delaying his urination during his long
trips to the provinces could have also
increased his risk of contracting his
disease. (id.)
When the illness is a listed occupational
disease, the "increased risk theory" does
not apply; no proof of causation is
required. Given employee’s age at the time,
and taking into account the nature,
working conditions, and pressures of her
work as court stenographer — which
requires her to faithfully record each and
every day virtually all of the court's
proceedings; transcribe these notes
immediately in order to make them
available to the court or the parties who
require them; take down dictations by the
judge, and transcribe them; and type in
final form the judge's decisions, which
activities extend beyond office hours and
without additional compensation or
overtime pay— all these contributed to the
development of her hypertension.
Consequently, her age, work, and
hypertension caused the impairment of
vision in both eyes due to "advanced to late
stage glaucoma", which rendered her
"legally blind." (GSIS v. Calumpiano [2014])
Note: the prescriptive period to file a
claim for compensation is 3 YEARS from
the time the cause of action accrued. (ECC
Resolution No. 2799, July 25, 1984)
2. POEA – STANDARD EMPLOYMENT
CONTRACT FOR SEAFARERS
In claims for a seafarer’s disability benefits,
Philippine Overseas Employment
Administration-Standard
13
Employment Contract (POEA-SEC) is
deemed incorporated in the seafarer’s
employment contract and must be read in
light of the relevant provisions on
disability of the Labor Code and its
implementing rules. (Orient Hope Agencies,
Inc. vs. Jara [2018])
A. COVERAGE
The POEA-SEC covers all Filipino
Seafarers on board ocean- going vessels.
Note: The employment contract
between the employer and a seafarer
shall commence upon actual departure
of the seafarer from the Philippine
airport or seaport in the point of hire
and with a POEA approved contract. It
shall be effective until the seafarer’s
date of arrival at the point of hire upon
termination of his employment. The
period of employment shall be for a
period agreed upon by both parties but
not to exceed 12 months. Any extension
shall be subject to mutual consent of
both parties. (Sec 2 POEA -SEC [2010])
B. DISABILITY BENEFITS
For disability to be compensable under
Sec. 20(A) of the 2010 Philippine Overseas
Administration Standard Employment
Contract (POEA-SEC), two elements must
concur:
(1) The injury or illness must be work-
related; and
(2) The work-related injury or illness must
have existed during the term of the
seafarer’s employment contract.
If the seafarer suffers from an illness or
injury during the term of the contract, the
process in Section 20(A) applies. The
employer is obliged to continue to pay the
seafarer’s wages, and to cover the cost of
treatment and medical repatriation, if
needed. After medical repatriation, the
seafarer has the duty to report to the
company-designated physician within
three days upon his return. The employer
shall then pay sickness allowance while
the seafarer is being treated. And
thereafter, the dispute resolution
mechanism with regard to the medical
assessments of the company-designated,
seafarer-appointed, and independent and
third doctor shall apply.
Nonetheless, even if Salenga’s illnesses
manifested or were discovered after the
term of the contract, and even if Section
20(A) finds no application to him, he may
still claim disability benefits.
In instances where the illness manifests
itself or is discovered after the term of the
seafarer’s contract, the illness may either
be (1) an occupational illness listed under
Section 32-A of the POEA-SEC, in which
case, it is categorized as a work-related
illness if it complies with the conditions
stated in Section 32-A, or (2) an illness not
listed as an occupational illness under
Section 32-A but is reasonably linked to
the work of the seafarer. (Ventis Maritime
Corporation v. Salenga [2020], J. CAGUIOA)
The seafarer's entitlement to disability
benefits for work-related illness or injury
is governed by the Labor Code, its
implementing rules and regulation (IRR),
the POEA-SEC, and prevailing
jurisprudence.
In Vergara v. Hammonia Maritime
Services, Inc. and Atlantic Marine Ltd., the
Court explained how the pertinent
provisions in the Labor Code, its IRR, and
the POEA-SEC operate, viz.:
In this respect and in the context of the
present case, Article 192 (c)(1) of the Labor
Code provides that:
x x x The following disabilities shall be
deemed total and permanent:
14
(1) Temporary total disability lasting
continuously for more than one hundred
twenty days, except as otherwise provided
in the Rules;
[x x x x]
The rule referred to — Rule X, Section 2 of
the Rules and Regulations implementing
Book IV of the Labor Code — states:
Period of entitlement. — (a) The income
benefit shall be paid beginning on the first
day of such disability. If caused by an
injury or sickness it shall not be paid
longer than 120 consecutive days except
where such injury or sickness still requires
medical attendance beyond 120 days but
not to exceed 240 days from onset of
disability in which case benefit for
temporary total disability shall be paid.
However, the System may declare the total
and permanent status at anytime after 120
days of continuous temporary total
disability as may be warranted by the
degree of actual loss or impairment of
physical or mental functions as
determined by the System.
These provisions are to be read hand in
hand with the POEA Standard
Employment Contract whose Section 20
(3) states:
Upon sign-off from the vessel for medical
treatment, the seafarer is entitled to
sickness allowance equivalent to his basic
wage until he is declared fit to work or the
degree of permanent disability has been
assessed by the company-designated
physician but in no case shall this period
exceed one hundred twenty (120) days.
(Pastrana v. Bahia Shipping Services [2020], J.
CAGUIOA)
The person claiming disability benefits has
to prove that the illness he suffered was
work-related and that it must have existed
during the term of the contract.
To be compensable, reasonable proof of
work-connection, not direct causal relation,
is sufficient. “Thus, probability, not the
ultimate degree of certainty, is the test of
proof in compensation proceedings.”
(Magsaysay Mol Marine, Inc. vs. Atraje,
[2018])
Work relatedness means the seafarer’s
illness has a possible connection to
one’s work, and thus, allows the
seafarer to claim disability benefits
albeit not listed as an occupational
disease. As records show, the
company designated-physician found
out that the illness was caused by an
abnormal growth of tissue in the
brain’s blood vessels and therefore not
work-related and not compensable.
(Romana v. Magsaysay Maritime Corp
[2017])
The following disabilities shall be deemed
permanent:
• Total complete loss of sight of both
eyes;
• Loss of two limbs at or above the
ankles or wrists;
• Permanent complete paralysis of
two limbs; and
• Brain injury resulting to incurable
imbecility or insanity. (Insurance
Guidelines on Rule XVI of the
Omnibus Rules and Regulations
Implementing RA 8041, as amended by
RA 10022 Relative to the Compulsory
Insurance Coverage for Agency-Hired
OFWs)
Disability Benefits; Requisites
(1) He suffered an illness;
(2) he suffered this illness during the
term of his employment contract;
(3) he notifies the employer of his illness
within three (3) days from arrival in
the country and submit himself to
15
post-employment examination by a
company-designated physician;
(4) his illness is one of the enumerated
occupational diseases 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. (Malicdem v. Asia Bulk
Transport Phils., Inc. [2019], J. CAGUIOA)
In order for a seafarer's claim for total and
permanent disability benefits to prosper,
any of the following conditions should be
present:
1. The company-designated physician
failed to issue a declaration as to his
fitness to engage in sea duty or
disability even after the lapse of the
120-day period and there is no
indication that further medical
treatment would address his
temporary total disability, hence,
justify an extension of the period to
240 days;
2. 240 days had lapsed without any
certification issued by the company
designated physician;
3. The company-designated physician
declared that he is fit for sea duty
within the 120-day or 240-day period,
as the case may be, but his physician of
choice and the doctor chosen under
Section 20-8(3) of the POEA-SEC are of
a contrary opinion;
4. The company-designated physician
acknowledged that he is partially
permanently disabled but other
doctors who he consulted, on his own
and jointly with his employer, believed
that his disability is not only
permanent but total as well;
5. The company-designated physician
recognized that he is totally and
 permanently disabled but there is a
dispute on the disability grading;
6. The company-designated physician
determined that his medical condition
is not compensable or work-related
under the POEA-SEC but his doctor-
of-choice and the third doctor selected
under Section 20-B(3) of the POEA-
SEC found otherwise and declared
him unfit to work;
7. The company-designated physician
declared him totally and permanently
disabled but the employer refuses to
pay him the corresponding benefits;
and
8. The company-designated physician
declared him partially and
permanently disabled within the 120-
day or 240-day period but he remains
incapacitated to perform his usual sea
duties after the lapse of said periods.
Company-designated physician; Primary
responsibility
It is the primary responsibility of the
company-designated doctor to determine the
disability grading or fitness to work of
seafarers. To be conclusive, however, the
medical assessment or report of the
company-designated physician must be
complete and definite to give the seafarer
proper disability benefit. (Magsaysay Mol
Marine, Inc. vs. Atraj [2018])
The employer is liable only after the degree
of disability has been established by a
company - designated physician. (Magsaysay
Maritime Corp v. Panoglinog [2015])
The determination of the 120-day period
starts from disability grading and not from
treatment.
If the 120 days initial period is exceeded and
no declaration was made because the seafarer
requires further medical attention, then the
temporary total disability period may be
extended up to a maximum of 240 days,
16
subject to the right of the of the employer to
declare within this period that a permanent
partial or total disability already exists. The
seaman may of course be declaration fit to
work at anytime such declaration is justified
by his medical condition.
A temporary total disability only becomes
permanent when so declared by the company
physician within the period he is allowed to
do so, or upon expiration of the maximum
240-day medical treatment period without a
declaration either of fitness to work of the
existence of a permanent disability. (Jebsens
Maritime v. Rapiz [2017])
The filing of claim for disability
benefits before the company-designated physician
could determine the nature and extent of his
disability, or before even the lapse of the initial
120-day period is premature. With the seafarer
still undergoing further tests, the company-
designated physician had no occasion to
determine the nature and extent of his
disability upon which to base his "fit to work"
certification or disability grading. (Status
Maritime Corp v. Doctolero [2017])
Failure of the company-designated physician
to render a final and definitive assessment of
a seafarer’s condition within the 240-day
extended period transforms the seafarer’s
temporary and total disability to permanent
and total disability.
The third-doctor rule does not apply when
there is no valid final and definitive
assessment from a company-designated
physician. (Orient Hope Agencies, Inc. vs. Jara,
864 SCRA 428, G.R. No. 204307 June 6, 2018,
Third Division)
Third Doctor Rule
Under Section 20(A)(3) of the 2010 POEA-
SEC, “if a doctor appointed by the seafarer
disagrees with the assessment, a third doctor
may be agreed jointly between the Employer
and the seafarer. The third doctor's decision
shall be final and binding on both
parties." The provision refers to the
declaration of fitness to work or the degree of
disability. It presupposes that the company-
designated physician came up with a valid,
final and definite assessment as to the
seafarer's fitness or unfitness to work before
the expiration of the one hundred twenty
(120) day or two hundred forty (240)-day
period. (Chan v. Magsaysay Corporation [2020])
This rule covers only conflicting medical
findings on the fitness to work or degree of
disability. It does not cover the determination
of whether the disability is work-related or
not. (Magsaysay Mol Marine, Inc. vs. Atraje,
[2018])
With regard to the procedure for referral to a
third doctor, jurisprudence has set that it is
the duty of the seafarer to signify his intent to
refer the conflict between the findings of the
company-designated physician and that of
his own doctor to a third doctor. After notice
from the seafarer, the company must then
commence the process of choosing the third
doctor. (Julleza v. Orient Line Philippines, Inc.
[2019], J. CAGUIOA)
Employer’s Refusal to have the seafarer
examined; effect
The conduct of post-employment medical
examination is not a unilateral burden on the
part of the seafarer. Rather, it is a reciprocal
obligation where the seafarer is obliged to
submit to an examination within three (3)
working days from his or her arrival, and the
employer is correspondingly obliged “to
conduct a meaningful and timely
examination of the seafarer.” In cases where
the employer refuses to have the seafarer
examined, the seafarer’s claim for disability
benefits is not hindered by his or her reliance
on a physician of his or her own choosing.
(Ebuenga vs. Southfield Agencies, Inc., [2018])
17
The liabilities of the employer when the
seafarer suffers work-related injury or illness
during the term of his contract are as follows:
1. The employer shall continue to pay his
wages during the time he is on board
the ship.
2. Payment of full cost of required
medical, serious dental, surgical and
hospital treatment in a foreign port as
well as board and lodging until the
seafarer is declared fit to work or to be
repatriated.
If medical attention arising from
the said illness or injury is still
required after repatriation, the
seafarer shall be so provided at
cost to the employer until he is fit
or the degree of disability has
been established by the company
physician.
3. Payment sickness allowance in amount
equivalent to the basic wage computed
from the time he signed off until he is
declared fit to work or the degree of
his disability has been assessed by the
company-designated physician
Note: the period of entitlement
for sickness allowance shall not
exceed 12 months and shall be
paid on a regular basis but not
less than once a month.
4. Bear full cost of repatriation in case the
seafarer embarked for medical reasons
and the seafarer was declared either fit
for repatriation or fit to work but the
employer cannot find employment for
the seafarer on board.
5. For permanent total or partial
disability of the seafarer caused by
either injury or illness, compensation
shall be in accordance with the
schedule of benefits enumerated in Sec
32 of POEA-SEC.
Note: Computation of benefits
shall be governed by the rates
and rules of compensation
 applicable at the time the illness
or disease was contracted.
6. These benefits are distinct and
different from, and shall be in addition
to benefits arising from other laws like
SSS, OWWA ECC and PAG -IBIG
Fund. (Sec 20A, POEA -SEC [2010])
120/240 days rule
If there is a claim for total and permanent
disability benefits by a seafarer, the following
rules shall govern:
(1) The company-designated physician must
issue a final medical assessment on the
seafarer's disability grading within a
period of 120 days from the time the
seafarer reported to him;
(2) If the company-designated physician fails
to give his assessment within the period
of 120 days, without any justifiable
reason, then the seafarer's disability
becomes permanent and total;
(3) If the company-designated physician fails
to give his assessment within the period
of 120 days with a sufficient justification
(e.g., seafarer required further medical
treatment or seafarer was uncooperative),
then the period of diagnosis and
treatment shall be extended to 240 days.
The employer has the burden to prove
that the company-designated physician
has sufficient justification to extend the
period; and
(4) If the company-designated physician still
fails to give his assessment within the
extended period of 240 days, then the
seafarer's disability becomes permanent
and total, regardless of any justification.
(Magsaysay Mitsui Osk Marine, Inc v.
Buenaventura [2018])
C. DEATH BENEFITS
The death of a seafarer need not be shown
to be work-related in order to be
compensable but must be proven to be to
18
have been contracted during the term of
the contract. (Inter-Orient Maritime v.
Candaya [2013])
It is not required that the employment be
the sole factor in the growth, development
or acceleration of the illness to entitle the
claimant to the benefits provided therefor.
It is enough that the employment had
contributed, even in a small degree, to the
development of the disease and in bringing
about his death. (CF Sharp Crew
Management v. Heirs of Repiso [2016])
Limit: No compensation and benefits shall
be payable in respect of any injury,
incapacity, disability or death of the
seafarer resulting from his willful or
criminal act or intentional breach of duties.
In this case, the employer has the burden of
proving that such injury, incapacity,
disability or death is attributable to the
seafarer.
Thus, the employer, having established by
substantial evidence that the thermal burns
suffered by the seafarer was self- inflicted
and hence not compensable, is not liable
for the disability benefits claimed by the
seafarer. (Inc Ship Mgt Inc v. Moradas
[2014])
A seafarer who knowingly conceals a pre-
existing illness or condition during the Pre-
Employment Medical Examination (PEME)
shall be liable for misrepresentation and
shall be disqualified from any
compensation benefits.
Note: This is also a just cause for
termination of employment and
imposition of appropriate administrative
functions.
Compassionate Visit: a seafarer is entitled
to a compassionate visit from 1 family
member or a requested individual when he
is hospitalized and has been confined for at
least 7 days
The payment for injury, illness, incapacity,
disability or death and other benefits of the
seafarer under the Contract and under RA
8042 and RA 10022 shall cover all claims in
relation with or in the course of the
seafarer’s employment, including but not
limited to damages arising from contracts,
tort, fault or negligence under the laws of
the Philippines or any other country.
The “limited liability rule” under the Code
of Commerce does not apply to the death
insurance benefit under the POEA-SEC. It
is inapplicable in a liability created by
statute to compensate employees and
laborers or their heirs and dependents in
case of injury received or inflicted upon
them while engaged in the performance of
their work or employment. Akin to death
benefits under the Labor Code, these death
and burial benefits under the POEA-SEC
are given when the employee dies due to a
work-related cause during the term of his
contract. (Phil - Nippon Kyoie Corp v.
Gudelosao [2017])
While the general rule is that the seafarer's
death should occur during the term of his
employment, the seafarer's death occurring
after the termination of his employment
due to his medical repatriation on account
of a work-related injury or illness
constitutes an exception thereto. This is
based on a liberal construction of the 2000
POEA-SEC as impelled by the plight of the
bereaved heirs who stand to be deprived of
a just and reasonable compensation for the
seafarer's death, notwithstanding its
evident work-connection.
xxxx
Thus, considering the constitutional
mandate on labor as well as relative
jurisprudential context, the rule, restated
for a final time, should be as follows: if the
19
seafarer's work-related injury or illness
(that eventually causes his medical
repatriation and, thereafter, his death, as in
this case) occurs during the term of his
employment, then the employer becomes
liable for death compensation benefits
under Section 20 (A) of the 2000 POEA-
SEC. The provision cannot be construed
otherwise for to do so would not only
transgress prevailing constitutional policy
and deride the bearings of relevant case
law but also result in a travesty of fairness
and an indifference to social justice.
(Magsaysay Maritime Corporation v. Heirs of
Buenaflor [2020])
D. OCCUPATIONAL DISEASES
Section 32-A of 2010 POEA-SEC provides
that the following diseases are considered
as occupational when contracted under
working conditions:
1. Cancer of the epithelial of the
bladder (Papilloma of the bladder)
2. Cancer, epithellomatous or
ulceration of the skin or 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 – severe profound hearing
loss in an occupation where
employee is exposed to prolonged,
significant noise and vibration in his
line of work
4. Decompression sickness
5. Dermatitis due to irritants and
sensitizers
6. Infections (such as pneumonia,
bronchitis, sinusitis, pulmonary TB,
anthrax, cellulitis, conjunctivitis,
norwalk virus, salmonella,
leptospirosis, malaria, otitis media,
tetanus, viral encephalitis, and other
infections resulting in complications
necessitating repatriation
7. Ionizing radiation disease,
inflammation, ulceration or
 malignant disease of the skin or To be compensable, the following
subcutaneous tissues of the bones or conditions must be satisfied:
leukemia, or anemia of the aplastic
type due to x-rays, ionizing particle, 1. The seafarer’s work must involved the
radium or other radioactive risks described in the POES-SEC;
substances 2. The disease was contracted as a result
8. Poisoning and its sequelae of the seafarer’s exposure to the
9. Vascular disturbance in the upper described risks;
extremities due to continuous 3. The disease was contracted within a
vibration from pneumatic tools or period of exposure and under such
power drills, riveting machines or other factors necessary to contract it;
hammers; and
10. Vascular disturbance in the lower 4. There was no notorious negligence on
extremities the part of the seafarer. (Ebuenga vs.
11. Cardio-vascular events Southfield Agencies, Inc., [2018])
12. Cerebro-vascular events
13. End organ damage resulting from It is not required that the employment of
uncontrolled hypertension petitioner as Chief Cook should be the sole
14. Cataract and pterygium factor in the development of his
15. Poisoning by cadmium hypertensive cardiovascular disease so as
16. Acute myeloid leukemia to entitle him to claim the benefits
17. Chronic lymphocytic leukemia provided therefor. It suffices that his
18. Vitreal hemorrhage and retinal employment as such had contributed,
detachment even in a small degree, to the
19. Hernea development of the disease. Thus, it is safe
20. Bronchial Asthma to presume that, at the very least, the
21. Osteoarthritis nature of petitioner's employment had
22. Peptic Ulcer contributed to the aggravation of his
23. Viral hepatitis illness, considering that as Chief Cook, he
24. Asbestosis was exposed to constant temperature
changes, stress, and physical strain.
(Bautista v. Elburg Shipmanagement Phils.,
The list of occupational diseases, however,
Inc [2015])
is not exclusive. Meaning, even those
diseases or injuries not enumerated in
However, in one case decided by the
Section 32-A may still be compensable. In
Court, it ruled that the petitioner was not
fact, the POEA-SEC provides for a
entitled to total and permanent disability
disputable presumption of work-
benefit because the petitioner failed to
relatedness for non-POEA-SEC-listed
prove that the same was contracted due to,
occupational disease and the resulting
or aggravated by, the conditions of his
illness or injury which a seafarer may have
work on board the vessel. As found by the
suffered during the term of his
LA, NLRC and CA, the bare allegations of
employment contract The disputable
Malicdem that the sodium-rich food,
presumption, however, "does not signify
physical and psychological stress and
an automatic grant of compensation and/or
other emergencies on board the ship
benefits claim; the seafarer must still prove
caused the exacerbation of his
his entitlement to disability benefits by
hypertension, is insufficient. The Court
substantial evidence of his illness' work-
likewise notes that the opinion of Dr.
relatedness." (OSG Shipmanagement Manila,
Casison, Malicdem's private doctor, did
Inc. v. De Jesus [2018])

20
not even explain the cause of Malicdem's
hypertension or attempt to connect the
same to his work conditions. Moreover,
there is no showing that he suffered
hypertension while on board the vessel.
These are factual findings of the labor
tribunals and the CA which appear to be
supported by substantial evidence; hence
must be accorded not only respect but
finality. (Malicdem v. Asia Bulk Transport
Phils., Inc., [2019], J. CAGUIOA)

Note: Death or disability which is directly

caused by sexually transmitted disease or
arose from complications thereof shall not
be compensable nor shall be entitled to
the benefits provided under the Contract.

-oOo-

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