Compensability of an injury or illness under POEA-SEC is not determined by whether it was pre-existing, but if it is work-related [o]r aggravated by work. No need for certainty in proving the work connection – reasonable probability is enough. As the Supreme Court states, "probability, not certainty, is the touchstone."

Factual background

Eugenio T. Lumagas, a seafarer, was employed by Maersk-Filipinas Crewing, Inc. and A.P. Moller A/S on the vessel Thomas Maersk. While performing his duties onboard, he suffered from heart-related conditions, including Deep Vein Thrombosis and Ischemic Heart Disease. Lumagas was medically repatriated and sought disability benefits. His employers disputed the claim, arguing that his condition was pre-existing, and that they had already paid sickness benefits. The case centers around whether his illness was work-related and whether he was entitled to the claimed benefits.


SC RULING:

Lumagas's illnesses are work­related and compensable.

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. The Court deems it sufficient that the worker's claim is probable "since probability, not certainty is the touchstone."

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) The seafarer's work must involve the risk described therein;

2) The disease was contracted as a result of the seafarer'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; and

4) There was no notorious negligence on the part of the seafarer.

Lumagas was diagnosed with Deep Vein Thrombosis, Ischemic Heart Disease (or coronary artery disease, and Protein-S Deficiency. Deep Vein Thrombosis and Ischemic Heart Disease are examples of cardiovascular events, which are listed as an occupational disease under Section 32-A of the POEA­-SEC

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MAERSK-FILIPINAS CREWING, INC et al. vs. EUGENIO T. LUMAGAS, G.R. No. 256137, October 16, 2024.