SECOND DIVISION
[G.R. No. 251771. June 22, 2020.]
NONETTE JONES PORTAJADA VARGAS, petitioner,vs. SEA WORKFORCE MANILA CO., CYPRUS SEA LINES CO., LTD. and ALAIN A. ANCHETA, respondents.
NOTICE
Sirs/Mesdames:
Please take notice that the Court, Second Division, issued a Resolution dated22 June 2020which reads as follows:
"G.R. No. 251771 (Nonette Jones Portajada Vargas v. Sea Workforce Manila Co., Cyprus Sea Lines Co., Ltd. and Alain A. Ancheta). — After a careful review of the records of the case, the Court resolves to DENY the instant petition and AFFIRM the Decision dated 25 July 2019 and Resolution dated 7 February 2020 of the Court of Appeals (CA) in CA-G.R. SP No. 157814 for failure of petitioner Nonette Jones Portajada Vargas to show that the CA committed any reversible error in ruling that he was not entitled to total and permanent disability benefits.
Section 20 (B) [4] of the 2010 Philippine Overseas Employment Administration Standard Employment Contract (POEA-SEC) provides that illnesses not listed under Section 32 are disputably presumed as work-related. However, even with this presumption, the burden is placed upon the claimant to present substantial evidence that his work conditions caused or at least increased the risk of contracting the disease in order to be entitled to disability benefits.
As correctly ruled by the CA, Vargas failed to discharge this burden. Records show that Vargas' illness was pre-existing. The National Labor Relations Commission found that "complainant admitted that he was already experiencing the early signs of his anxiety disorder PRIOR to boarding the vessel." A disability arising from a pre-existing illness is not compensable. 1 Also, Vargas failed to prove that the nature of his tasks, as well as the connection or link of his position as a Catering Trainee for less than two weeks aboard the ship to his illness, is work-related and aggravated his condition.
Further, Section 20 (A) (3) of the POEA-SEC requires a claiming seafarer to submit himself to a company-designated physician for medical examination within a period of three (3) days from repatriation. For failing to strictly comply with this mandatory reporting requirement, Vargas forfeits his right to compensation and disability claims. Thus, Vargas is not entitled to any total and permanent disability benefits.
WHEREFORE, we DENY the petition and AFFIRM the Decision dated 25 July 2019 and Resolution dated 7 February 2020 of the Court of Appeals in CA-G.R. SP No. 157814.
SO ORDERED." (J. Gaerlan, designated Additional Member per Special Order No. 2780 dated May 11, 2020, on leave.)
Very truly yours,
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.NYK-Fil Shipmanagement Inc. v. NLRC, 534 Phil. 725, 738 (2006).