This case has been cited 3 times or more.
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2014-10-01 |
BRION, J. |
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| Burden of proof is the duty of a party to present evidence on the facts in issue necessary to establish his claim or defense by the amount of evidence required by law.[24] As a claimant for death benefits, Apolinario has the burden of proving that the seafarer's death (1) is work-related; and (2) happened during the term of the employment contract.[25] Unarguably, Apolinario has discharged this burden of proof. | |||||
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2014-08-13 |
PERALTA, J. |
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| The terms and conditions of a seafarer's employment, including claims for death and disability benefits, is a matter governed, not only by medical findings, but by the contract he entered into with his employer and the law which is deemed integrated therein.[20] For as long as the stipulations in the contract are not contrary to law, morals, public order, or public policy, they have the force of law between the parties.[21] | |||||
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2013-06-26 |
PERLAS-BERNABE, J. |
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| The prevailing rule under the 1996 POEA-SEC was that the illness leading to the eventual death of seafarer need not be shown to be work-related in order to be compensable, but must be proven to have been contracted during the term of the contract. Neither is it required that there be proof that the working conditions increased the risk of contracting the disease or illness.[38] An injury or accident is said to arise "in the course of employment" when it takes place within the period of employment, at a place where the employee reasonably may be, and while he is fulfilling his duties or is engaged in doing something incidental thereto.[39] A meticulous perusal of the records reveals that Joselito contracted his illness in the course of employment. It cannot also be denied that the same was aggravated during the same period. Thus, there was a clear causal connection between such illness and his eventual death, making his death compensable. | |||||