G.R. No. 191491; December 14, 2011
JEBSENS MARITIME INC., represented by MS. ARLENE ASUNCION and/or ALLIANCE MARINE SERVICES, LTD., Petitioners, vs. ENRIQUE UNDAG, Respondent.

FACTS

Respondent Enrique Undag was hired as a Lead Operator by petitioners Jebsens Maritime Inc. and Alliance Marine Services, Ltd. under a four-month contract. He was deployed on March 24, 2003, and repatriated on July 18, 2003, upon the expiration of his contract. About two months after repatriation, on September 24, 2003, he consulted a physician, Dr. Efren Vicaldo, who diagnosed him with “Hypertensive cardiovascular disease, Atrial Fibrillation, Diabetes Mellitus II, Impediment Grade X (20.15%).” Dr. Vicaldo opined that the ailment was aggravated by his work as a seaman and rendered him unfit for work. Respondent filed a complaint for sickness and disability benefits before the NLRC. The Labor Arbiter granted his claim, but the NLRC reversed the decision, dismissing the complaint for lack of substantial evidence that the illness was suffered during the term of his contract or was work-related. The Court of Appeals later set aside the NLRC resolutions, ruling that respondent proved by substantial evidence that his work caused or aggravated his illness and that he was entitled to total permanent disability benefits. Petitioners elevated the case to the Supreme Court.

ISSUE

Whether or not the Court of Appeals erred in awarding full disability benefits to the respondent.

RULING

The Supreme Court GRANTED the petition, REVERSED and SET ASIDE the Decision and Resolution of the Court of Appeals, and REINSTATED the Resolutions of the NLRC dismissing the complaint.
The Court held that for an illness to be compensable under the POEA Standard Employment Contract (POEA-SEC), two elements must concur: (1) the illness must be work-related, and (2) it must have been suffered during the term of the employment contract. The burden of proof rests on the seafarer to establish these elements by substantial evidence.
In this case, respondent failed to discharge this burden. He presented no evidence that he suffered from or exhibited symptoms of his cardiovascular disease during his employment on board the vessel. His repatriation was due to contract expiration, not medical reasons. The medical certificate from Dr. Vicaldo was issued two months after repatriation and did not indicate that the illness was contracted during the term of his contract. The Court emphasized that the mere fact of passing a pre-employment medical examination (PEME) does not preclude the existence of a pre-existing condition nor prove that an illness was work-related or contracted during employment. Furthermore, the Court found that respondent did not present substantial evidence to prove that his work conditions caused or aggravated his illness. The general claim of job-related stress and exposure was insufficient without a showing of a reasonable linkage between his duties and his specific ailments. Consequently, his claim for disability benefits must fail.