This case has been cited 2 times or more.
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2015-11-25 |
MENDOZA, J. |
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| This disputable presumption, however, does not signify an automatic grant of compensation and/or benefits claim.[19] "Concomitant with this presumption is the burden placed upon the claimant to present substantial evidence that his work conditions caused or at least increased the risk of contracting the disease and only a reasonable proof of work-connection, not direct causal relation is required to establish compensability of illnesses not included in the list of occupational diseases."[20] | |||||
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2015-08-19 |
PERLAS-BERNABE, J. |
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| The entitlement of overseas seafarers to disability benefits is a matter governed, not only by medical findings, but also by law and contract.[27] The pertinent statutory provisions are Articles 197 to 199[28] (formerly Articles 191 to 193) of the Labor Code in relation to Section 2,[29] Rule X of the Rules implementing Title II, Book IV of the said Code;[30] while the relevant contracts are: (a) the POEA-SEC, which is a standard set of provisions that is deemed incorporated in every seafarer's contract of employment; (b) the CBA, if any; and (c) the employment agreement between the seafarer and his employer.[31] | |||||