This case has been cited 2 times or more.
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2010-06-29 |
VELASCO JR., J. |
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| OSCI also erroneously contends that the illness of Bastol is not compensable under the SEC. It has already been settled in Heirs of the Late R/O Reynaldo Aniban v. National Labor Relations Commission[86] that myocardial infarction as a disease or cause of death is compensable, such being occupational. As the CA aptly noted, Bastol's work as bosun caused, if not greatly contributed, to his heart ailment, thus: A job of a bosun, as the position of petitioner, is not exactly a walk in the park. A bosun manages actual deck work schedules and assignments directed by the Chief Officer and emergency duties as indicated in the Station Bill. He attends to maintenance and upkeep of all deck equipment, cargo, riggings, safety equipment and helps in maintaining discipline of the deck hands. He assists in ships emergency drills and in any event of emergency and performs other duties and responsibilities as instructed or as necessary. He reports directly to the Chief Officer. What makes the job more difficult, aside from exposure to fluctuating temperatures caused by variant weather changes, the job obviously entails laborious manual tasks conducted in a moving ship, which makes for increased work-related stress. All these factors may have exacerbated petitioner's heart condition. Prolonged and continued exposure to the same could probably risk petitioner [Bastol] to another attack.[87] | |||||
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2005-08-16 |
SANDOVAL-GUTIERREZ, J. |
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| In Tibulan v. Inciong,[10] a barge captain died of myocardial infarction. We held that where an employee had entered employment in good health and suffered an illness in the course of an employment which he never had before, he has in his favor the statutory presumption that his illness or disease is compensable. We reiterated our ruling in the Heirs of the Late R/O Reynaldo Aniban v. National Labor Relations Commission.[11] In this case, a ship radio operator, who was healthy when he boarded his vessel, died of myocardial infarction three months later. We ruled that his disease is compensable on the ground that any kind of work or labor produces stress and strain normally resulting in wear and tear of the human body. | |||||