Shipping and the Law
NLRC rules
diabetes not work-related
By: Ruben Del Rosario,
Managing Director,
Summary
Seafarer was repatriated
due to his illness of Type II diabetes millitus. At issue before the NLRC
was whether the illness was work-related as to entitle the seafarer to full
disability benefits. The NLRC ruled that the illness is not
work-related. Diabetes, as a disease or illness, is familial or genetic
which may arise despite employment. Since the disease is familial,
seafarer may have been afflicted from childhood days or adulthood years or
there exists a high degree of probability that some family members are likewise
afflicted with the same disease. It takes some considerations like
familial pre-disposition, genetics set-up, lifestyle, diet and others, not
work-connected, for diabetes to develop. Further, there is nothing in the
workplace or among his duties which could make the seafarer prone to
diabetes. Also, diabetes is not a total disability but a passing malady
which can be checked by constant adherence to medication, exercise and dietary
regimen.
Facts
Seafarer was employed on
the MV ASIAN PEGASUS as Chief Engineer under the amended POEA
contract. About five months later, he was hospitalized at the Fujairah
Port Clinic due to "diabetic keso acidosis". He was repatriated
and treated in
Seafarer filed a claim for
permanent and total disability alleging that his illness is considered
work-related until substantial evidence proves that his illness is
pre-existing; that he never had any symptoms of diabetes until he had worked on
board the vessel and that since he can no longer go back to sea, his illness
must be awarded disability compensation of US$60,000.
Vessel argued that seafarer
was treated and paid his sickness benefits up to the time of declaration of
non-work-relation. Further seafarer's Type II diabetes is not
work-related as declared by the company-designated physician.
The NLRC ruled that
seafarer is not entitled to compensation as the illness is not
work-related. The NLRC reasoned thus:
1. The vessel is only
liable if the seafarer suffers a work-related illness.
2. The disease of
Type II Diabetes Millitus is not work-related. Diabetes, as a disease or
illness, is familial or genetic which may arise despite employment. Since
the disease is familial, seafarer may have been afflicted from childhood days
or adulthood years or there exists a high degree of probability that some
family members are likewise afflicted with the same disease. It takes
some considerations like familial pre-disposition, genetics set-up, lifestyle,
diet and others, not work-connected, for diabetes to develop.
3. There is nothing
in complainant’s workplace, or among his duties which could prone him to diabetes. He developed this illness because of his own
genetic, familial, dietary and other factors, which are not affected by his
employment. Otherwise stated, whether
or not complainant is/was employed by respondents, he would have developed his
illness because the cause thereof was something in his general physiological
make up.
4. Further, the
illness which the appellant suffers may not be treated as a total
disability. If at all, it is just a
passing malady which can be checked by constant adherence to medication,
exercise and dietary regimen. The
illness is not an impediment for which complainant should be compensated for
the work place may be inhabited with diabetics whose productivity is above
performance level.
The complaint was
dismissed as seafarer does not suffer from total disability as his illness
is not work-related or an occupational disease as may be sanctioned by the
employment contract.
Fernando vs. Sea Workforce Manila Corp., et. al., NLRC NCR OFW CN. 03-07-1747-00, CA No. 040321-04, October 19, 2004
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