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Seafarer s death due to myocardial infarction held not compensable as not related to repatriated illness

By:  Ruben Del Rosario, Managing Director, Del Rosario Pandiphil Inc., March 29, 2004

Seafarer who was working as Chief Cook was repatriated due to "kidney stones". He was treated by the company physician for removal of his kidney stones (extracorporeal shock wave lithotripsy) when he died. The certificate of death reveals that the immediate cause of death as "cardiogenic shock", "acute myocardial infraction" the antecendent cause, and "diabetes milletus" the underlying cause.

Seafarer's heirs failed claim for disability benefits of US$50,000. This was denied by the vessel as seafarer died after the expiration of the term of his employment contract of an illness not related to the sickness for which he was repatriated. The heirs however allege that the seafarer died of an illness which is related to the illness for which he ws repatriated making the death compensable.

The NLRC ruled that the vessel is not liable.

"The complainant failed to establish with substantial evidence that cardiogenci shock can be related to nephrolithiasis. A persual of the record would yield no evidence that complainant presented proof that the cause of death of her husband is related to the cause for which he was repatriated. Mere allegation that the cardiogenic shock is related to nephrolithiasis is not proof. It is basic rule in evidence that mere allegations do not constitute proof. ... No medical reprot was ever advance by the complainant to concretely establish her allegations. The death certificate of seaman Leonoras listed the cause of death acute myocardial infacrction as the antecent cause and diabetes milletus as the underlying cause. Nephrolitihiais was not listed as one of the causes of that brought about the death of the deceased."

"Absent any evidence linking the cause of death to the cause of repatriation, this Commission is compelled to deny the benefits prayed for by the complainant. The respondent (vessel) presented a medical report by the company-designated physician which state: ...the diagnosed illness of nephrolithiasis (kidney stone) is not related to the cause of death which is cardiogenic shock secondary to myocardial infarction (heart attack)."

Leonoras vs. Equatorial Shipping and Shipmanagement Co. Inc. et.al., NLRC NCR OFW (M) 99-09-1623, December 29, 2003
Congenital Heart Disease held not work-related and thus, not compensable
Seafarer was employed as Chief Cook on the MV World Pendant. He served for two months but was disembarked as vessel was sold. He reapplied but was found "unfit for employment" due to "congenital heart disease ventricular sepatal defect." Seafarer underwent a second examination which confired the findings of "congenital heart defect". He filed a claim for permanent disability benefits of US$60,000 alleging that his illness "occurred and/or was aggravated while he was on duty and in the performance of his functions."

The Labor Arbiter and the NLRC dismissed the complaint.

The NLRC held that for an injury or illness to be compensable it must be work-related. Further, the following conditions under the new POEA contract must be met:

1. The seafarer's work must involve the risks described herein.

2. The disease was contracted as a result of the seafarer's exposure to the described risks.

3. The disease was contracted within the period of exposure and under such factors necessary to contract it.

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

In this particular case, there is no work-relation. "Definitely, a congenital heart disease is an abnormality existing or present at birth. Thus it is inherently impossible that the appellant's heart disease may be aggravated or debilitated during the normal course of his duty as Cheif cook with the vessel. Thus, it is contrary to logic and equity to hold vessel for his disability or illness acquired since birth as this may seem not only iniquitous but likewise unreasonable. On ths score, the vessel may not be sanctioned to pay the claims."

Guntan vs. Philippine Transmarine Carriers, et. al., NLRC CN. (M) 02-04-0865-00 CA No. 036669-03, December 17, 2003



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