Friday, October 22, 2010

The Philippine Supreme Court, in a recent case, reiterates that for a disease to be compensable, Section 32-A of the POEA-Standard Employment Contract requires proof of the existence of all the following conditions:
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 describe risks;
3) the disease was contracted within a period of exposure and under such other factors necessary to contract it; and
4) there was no notorious negligence on the part of the seafarer.
(Philippine Transmarine Carriers, Inc., Global Navigation, Ltd. vs. Silverio Nazam, G.R. No. 190804, October 11, 2010)

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