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This data protection declaration is intended to inform you as a user of pensaki.com about the type, scope and purposes of the collection and use of personal data by Pensaki GmbH, Reilsheimer Straße 15, 69245 Bammental (hereinafter referred to as “Pensaki”). This data protection declaration explains to you the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offer and the associated websites, functions and contents as well as external online presences, e.g. our social media profile. (hereinafter jointly referred to as “online offer”). With regard to the terms used, such as “personal data” or their “processing”, we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
Pensaki collects and uses personal data only to the extent necessary for the use and billing of pensaki.com. They are only used for other purposes if this is permitted by the provisions of the Telemedia Act or by another applicable legal provision or if the user has consented. User is any natural person using pensaki.com.
Personal data are individual details about personal and factual circumstances. With regard to personal data, a distinction is made between inventory data and usage data.
Inventory data are data that are collected and used for the creation, content design or amendment of the user contract between Pensaki and the user (e.g. first and last name when registering for pensaki.com). The inventory data includes the logon data and the invoice data.
Usage data is data that enables the use of pensaki.com and the billing of usage.
⇨ Meta/communication data (e.g., device information, IP addresses).
⇨ No special categories of data are processed.
⇨ Visitors and users of the online offer.
⇨ Provision of the online offer, its contents and functions.
⇨ Provision of contractual services, service and customer care.
⇨ Answering of contact inquiries and communication with users.
⇨ Marketing, advertising and market research.
Credentials: E-mail address and password.
Invoice data: Company name, name and postal address, VAT number.
The e-mail address is used for correspondence between Pensaki and the customer in connection with the execution of the user agreement, as well as for sending information on other offers from Pensaki. The user can object to the latter at any time. The objection is to be addressed to the contact option mentioned below.
The user name for the customer account consists of the user’s e-mail address. Pensaki will send the user an e-mail with the activation link for his customer account in case of successful registration for the creation of a customer account. The user follows the activation link and sets a password according to the requirements to activate his customer account. The user should treat the password confidentially and change his password from time to time for security reasons. To do this, click on “Change password” in the “My account” area. The change can then be made in the form that opens.
During login, user name and password are transmitted https-encrypted. Pensaki stores the password in encrypted form so that it cannot be read even by Pensaki employees. No Pensaki employee will ask the user to disclose the password. If the user still receives such a request, it is probably a phishing attack. In such a case Pensaki asks to be notified.
Every time a page pensaki.com is called up, the user’s access data required to use this service and to bill for its use are stored on the Pensaki server in a log file (log file). The following data is stored: IP address of the computer requesting the page; the website from which the user may have accessed the requested page; date and time of the page request; file accessed; amount of files transmitted; product and version information of the browser used by the user.
The log file is stored for the following purposes: Checking for use contrary to contract or otherwise illegal, if there are actual indications for this; optimisation of Pensaki’s offer; technical protective measures (recognition, limitation or elimination of faults or errors on the websites).
We shall take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk, in accordance with Article 32 GDPR, taking into account the state of the art, implementation costs and the nature, scope, circumstances and purposes of processing and the different likelihood and severity of the risk to the rights and freedoms of natural persons; the measures shall include in particular safeguarding the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, transmission, security of availability and its separation. Furthermore, we have established procedures that guarantee the exercise of data subject rights, deletion of data and reaction to data risks. Furthermore, we already consider the protection of personal data during the development or selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and data protection-friendly presettings (Art. 25 GDPR). The security measures include in particular the encrypted transmission of data between your browser and our server.
4.1 If we disclose data to other persons and companies (contract processors or third parties) within the scope of our processing, transmit it to them or otherwise grant them access to the data, this shall only take place on the basis of a legal permission (e.g. if a transmission of the data to third parties, such as payment service providers, pursuant to Art. 6 para. 1 lit. b GDPR is required for contract fulfilment), if you have consented, if a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
6.1 You have the right to request confirmation as to whether the data concerned are being processed and to request information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.
6.2 You have accordingly. In accordance with Art. 16 GDPR, you have the right to request the completion of the data concerning you or the correction of inaccurate data concerning you.
6.3 In accordance with Art. 17 GDPR, you have the right to demand that relevant data be deleted immediately or, alternatively, to demand a restriction of the processing of the data in accordance with Art. 18 GDPR.
6.4 You have the right to request that the data concerning you which you have provided to us be received in accordance with Art. 20 GDPR and to request its transmission to other persons responsible.
6.5 In accordance with Art. 77 GDPR, you also have the right to file a complaint with the competent supervisory authority.
You have the right to revoke granted consents according to Art. 7 para. 3 GDPR with effect for the future.
10.2 In accordance with statutory requirements, the records shall be kept in particular for 6 years in accordance with § 257 (1) HGB (trading books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting documents, etc.) and for 10 years in accordance with § 147 (1) AO (books, records, management reports, accounting documents, commercial and business letters, documents relevant to taxation, etc.).
11.1 We process inventory data (e.g., names and addresses as well as contact data of users), contract data (e.g., services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services pursuant to Art. 6 para. 1 lit b. GDPR. The entries marked as obligatory in online forms are required for the conclusion of the contract.
11.2 To use Pensaki.com, all users must create a user account where they can view their designs, text templates and orders. During the registration process, the required information will be communicated to the users. The user accounts are not public and cannot be indexed by search engines. If users have terminated their user account, their data will be deleted with regard to the user account, subject to their retention is necessary for commercial or tax reasons according to Art. 6 para. 1 lit. c GDPR. It is up to the users to save their data before the end of the contract if they have given notice of termination. We are entitled to irretrievably delete all user data stored during the term of the contract.
11.3 When registering and re-registering and using our online services, we store the IP address and the time of the respective user action. The data is stored on the basis of our legitimate interests as well as the user’s protection against misuse and other unauthorized use. A passing on of this data to third parties does not take place in principle, unless it is necessary for the pursuit of our claims or there is a legal obligation according to Art. 6 Abs. 1 lit. c GDPR.
11.5 Deletion takes place after the expiry of statutory warranty and comparable obligations, the necessity of data storage is checked every three years; in the case of statutory archiving obligations, deletion takes place after their expiry (end of commercial law (6 years) and tax law (10 years) storage obligation); details in the customer account remain until they are deleted.
12.1 When contacting us (via contact form or e-mail), the user’s details are processed for processing the contact enquiry and its handling in accordance with Art. 6 Para. 1 lit. b) GDPR.
12.2 User information can be stored in our Customer Relationship Management System (“CRM System”) or similar request organization.
12.4 We delete the requests if they are no longer required. We review the requirement every two years; requests from customers who have a customer account are stored permanently and are linked to the customer account details for deletion. In the case of statutory archiving obligations, the deletion takes place after their expiry (end of commercial law (6 years) and tax law (10 years) storage obligation).
13.1 If users leave comments or other contributions, their IP addresses will be used on the basis of our legitimate interests within the meaning of Art. 6 para. 1 letter f. GDPR for 7 days.
13.2 This is for our safety, if someone leaves illegal contents in comments and contributions (insults, forbidden political propaganda, etc.). In this case we can be prosecuted ourselves for the comment or contribution and are therefore interested in the identity of the author.
14.1 On the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR data about each access to the server on which this service is located (so-called server log files). Access data includes the name of the accessed website, file, date and time of access, transferred data volume, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.
14.2 Log file information is stored for a maximum of seven days and then deleted for security reasons (e.g. to investigate misuse or fraud). Data whose further storage is required for evidentiary purposes are excluded from deletion until the respective incident has been finally clarified.
15.1 We maintain online presences within social networks and platforms in order to communicate with active customers, interested parties and users and to inform them about our services there. When accessing the respective networks and platforms, the terms and conditions and the data processing guidelines of their respective operators apply.
16.1 Cookies are information that is transferred from our web server or third party web servers to the user’s web browser and stored there for later retrieval. Cookies can be small files or other types of information storage.
16.2 We use “session cookies”, which are only stored on our website for the duration of the current visit (e.g. to enable the storage of your login status or the shopping basket function and thus the use of our online offer at all). A randomly generated unique identification number, a so-called session ID, is stored in a session cookie. A cookie also contains information about its origin and the storage period. These cookies cannot store any other data. Session cookies are deleted when you have finished using our online offer and log out or close your browser, for example.
16.4 If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. However, the exclusion of cookies can lead to functional restrictions of this online offer.
17.2 Google is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
17.3 Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with further services associated with the use of this online offer and the use of the Internet. Pseudonymous user profiles can be created from the processed data.
17.4 We use Google Analytics to display ads placed by Google and its partners within advertising services only to users who have shown an interest in our online offering or who have certain characteristics (e.g. interests in certain topics or products that are determined by the web pages visited) that we send to Google (so-called “remarketing” or “Google Analytics Audiences”). With the help of remarketing audiences we would also like to ensure that our ads correspond to the potential interest of the users and are not annoying.
17.5 We only use Google Analytics with IP anonymization enabled. This means that Google will reduce the IP address of users within Member States of the European Union or in other states party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.
17.6 The IP address transmitted by the user’s browser is not merged with other Google data. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent Google from collecting the data generated by the cookie and relating to their use of the online offer and processing this data by Google by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=eng/span>.
17.7 You can find out more information about data usage by Google, setting and objection options on Google’s web pages: <https://www.google.com/intl/de/policies/privacy/partners (“Data usage by Google when using our partners’ websites or apps”) <<https://policies.google.com/technologies/ads (“Use of data for advertising purposes”), <https://adssettings.google.com/authenticated (“Manage information Google uses to show you advertising”).
18.1 On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. GDPR) the marketing and remarketing services (“Google Marketing Services” for short) of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, (“Google”).
18.2 Google is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
18.3 Google marketing services allow us to target ads for and on our site to show users only ads that potentially match their interests. For example, if a user sees ads for products he has been interested in on other websites, this is referred to as “remarketing”. For these purposes, when our and other websites on which Google marketing services are active are accessed, Google directly executes a code from Google and (re)marketing tags (invisible graphics or code, also known as “web beacons”) are integrated into the website. With their help, an individual cookie, i.e. a small file, is stored on the user’s device (comparable technologies can also be used instead of cookies). Cookies can be set by various domains, including google.com, doubleclick.net, invitemedia.com, admeld.com, googlesyndication.com or googleadservices.com. In this file it is noted which websites the user visits, which contents he is interested in and which offers he has clicked on, furthermore technical information about the browser and operating system, referring websites, visiting time as well as further information about the use of the online offer. The IP address of the users is also recorded, whereby we inform within the framework of Google Analytics that the IP address is shortened within member states of the European Union or in other signatory states of the European Economic Area Agreement and only in exceptional cases completely transmitted to a Google server in the USA and shortened there. The IP address is not combined with the user’s data within other Google offers. The above information may also be linked by Google to such information from other sources. If the user then visits other websites, the ads tailored to his interests can be displayed.
18.4 User data is processed pseudonymously within the framework of Google marketing services. This means that Google does not store and process, for example, the names or e-mail addresses of users, but processes the relevant data cookie-related within pseudonymous user profiles. This means from Google’s point of view, the ads are not managed and displayed for a specifically identified person, but for the cookie holder, regardless of who this cookie holder is. This does not apply if a user has expressly permitted Google to process the data without this pseudonymisation. The information collected by Google marketing services about users is transmitted to Google and stored on Google’s servers in the USA.
18.5 One of the Google marketing services we use is the online advertising program “Google AdWords”. In the case of Google AdWords, each AdWords customer receives a different “conversion cookie”. Cookies cannot therefore be traced through the websites of AdWords customers. The information collected by the cookie is used to generate conversion statistics for AdWords customers who have opted for conversion tracking. AdWords customers see the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, you will not receive any information that personally identifies users.
19.1 Due to our legitimate interests in the analysis, optimisation and economic operation of our online offer and for these purposes, the so-called “Facebook pixel” of the social network Facebook, which is operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or, if you are based in the EU, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”), is used within our online offer.
19.2 Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (<https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
19.3 With the help of the Facebook pixel, Facebook is able to determine the visitors of our online offer as a target group for the presentation of ads (so-called “Facebook ads”). Accordingly, we use the Facebook pixel to display the Facebook ads we post only to Facebook users who have also shown an interest in our online offering or who have certain features (e.g. interests in certain topics or products that are determined by the websites visited) that we transmit to Facebook (so-called “custom audiences”). We also want to use the Facebook pixel to ensure that our Facebook ads meet the potential interest of users and are not a nuisance. The Facebook pixel also helps us understand the effectiveness of Facebook ads for statistical and market research purposes by showing whether users have been redirected to our website after clicking on a Facebook ad (so-called “conversion”).
19.4 Facebook processes the data in accordance with Facebook’s Data Usage Policy. Accordingly, general information on the display of Facebook ads is contained in Facebook’s Data Usage Policy: <https://www.facebook.com/policy.php. For specific information and details about the Facebook Pixel and how it works, visit the Facebook Help section: <https://www.facebook.com/business/help/651294705016616.
19.5 You can object to the collection by the Facebook pixel and use of your data to display Facebook ads. To set what types of ads are displayed to you within Facebook, you can visit the page set up by Facebook and follow the instructions for use-based advertising settings: <https://www.facebook.com/settings?tab=ads. The settings are platform-independent, i.e. they are applied to all devices, such as desktop computers or mobile devices.
19.6 To prevent your data from being collected via the Facebook pixel on our website, please click the following link: Facebook-Opt-OutNote: When you click the link, an “Opt-Out” cookie is stored on your device. If you delete the cookies in this browser, you must click the link again. Furthermore, the opt-out only applies within the browser you use and only within our web domain on which the link was clicked.
20.1 On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. GDPR) Social Plugins (“Plugins”) of the social network facebook.com, which is operated by Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”). The plugins can display interaction elements or content (e.g. videos, graphics or text contributions) and are identified by one of the Facebook logos (white “f” on blue tile, the terms “like”, “like” or a “thumbs up” sign) or are marked with the addition “Facebook Social Plugin”. The list and the appearance of the Facebook Social Plugins can be viewed here: <https://developers.facebook.com/docs/plugins/.
20.2 Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (<https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
20.3 When a user calls a feature of this online service that contains such a plugin, his device establishes a direct connection to the Facebook servers. The content of the plugin is transmitted by Facebook directly to the user’s device and integrated into the online offer. The processed data can be used to create user profiles. We therefore have no influence on the amount of data Facebook collects with the help of this plugin and therefore inform users according to our level of knowledge.
20.4 By integrating the plugins Facebook receives the information that a user has called the corresponding page of the online offer. If the user is logged in to Facebook, Facebook can assign the visit to his Facebook account. When users interact with the plugins, such as pressing the Like button or posting a comment, the information is sent directly from your device to Facebook and stored there. If a user is not a member of Facebook, it is still possible for Facebook to obtain and store their IP address. According to Facebook, only an anonymized IP address is stored in Germany.
20.6 If a user is a Facebook member and does not want Facebook to collect data about him via this online offer and link it to his member data stored on Facebook, he must log out of Facebook and delete his cookies before using our online offer. Further settings and objections to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US page http://www.aboutads.info/choices/ or the EU page <http://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are applied to all devices, such as desktop computers or mobile devices.
21.1 With the following information we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedure and your rights of objection. By subscribing to our newsletter you agree to the receipt and the described procedures.
21.2 Newsletter content: We send newsletters, e-mails and other electronic notifications containing promotional information (hereinafter “newsletters”) only with the consent of the recipients or a legal permission. If the contents of a newsletter are specifically described within the scope of a registration, they are decisive for the consent of the users. In addition, our newsletters contain information about our products, offers, promotions and our company.
21.3 Double opt-in and logging: The subscription to our newsletter takes place in a so-called double opt-in procedure. This means that after registration you will receive an e-mail asking you to confirm your registration. This confirmation is necessary so that no one can log in with other e-mail addresses. Subscriptions to the newsletter are logged in order to be able to prove the registration process in accordance with legal requirements. This includes the storage of the login and confirmation time, as well as the IP address. The changes to your data stored with the shipping service provider are also logged.
21.4 Shipping service provider: The newsletter is sent by CleverReach GmbH & Co. KG, Mühlenstr. 43, 26180 Rastede, hereinafter referred to as “shipping service provider”. The data protection regulations of the shipping service provider can be viewed here: https://www.cleverreach.com/de/datenschutz/.
21.5 Furthermore, the shipping service provider can use this data in pseudonymous form, i.e. without assignment to a user, to optimize or improve its own services, e.g. to technically optimize the sending and presentation of the newsletter or for statistical purposes to determine from which countries the recipients come. However, the shipping service does not use the data of our newsletter recipients to write them down or pass them on to third parties.
21.6 Credentials: To subscribe to the newsletter, simply enter your e-mail address. Optionally, we ask you to enter a name in the newsletter in order to address us personally.
21.7 Success measurement – The newsletters contain a so-called “web-beacon”, i.e. a pixel-sized file that is retrieved from the server of the shipping service when the newsletter is opened. Within the scope of this retrieval, technical information, such as information about the browser and your system, as well as your IP address and time of retrieval are initially collected. This information is used to technically improve the services based on the technical data or the target groups and their reading behaviour based on their retrieval locations (which can be determined using the IP address) or access times. The statistical surveys also include determining whether the newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to the individual newsletter recipients. However, it is not our intention, nor that of the shipping service provider, to observe individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our contents to them or to send different contents according to the interests of our users.
21.8 The dispatch of the newsletter and the performance measurement are based on the recipients’ consent pursuant to Art. 6 para. 1 lit. a, Art. 7 GDPR in conjunction with § 7 para. 2 no. 3 UWG or on the basis of the legal permission pursuant to § 7 para. 3 UWG.
21.9 The registration procedure is logged on the basis of our legitimate interests pursuant to Art. 6 para. 1 letter f GDPR and serves as proof of consent to receipt of the newsletter.
21.10 Termination/Revocation – You can cancel the receipt of our newsletter at any time, i.e. revoke your consent. You will find a link to cancel the newsletter at the end of each newsletter. If users have only subscribed to the newsletter and cancelled their subscription, their personal data will be deleted.
22.1 We set within our online offer on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. GDPR) content or service offers of third parties to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as “content”). This always presupposes that the third party providers of this content perceive the IP address of the users, since without the IP address they could not send the content to their browser. The IP address is therefore required for the display of this content. We make every effort to use only those contents whose respective providers use the IP address only for the delivery of the contents. Third-party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. Pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may include technical information about the browser and operating system, referring websites, visiting time and other information about the use of our online offer, as well as may be linked to such information from other sources.

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G.R. No. 148308 - Roberto D. Debaudln v. Social Security System, et al.
ROBERTO D. DEBAUDIN, Petitioner, v. SOCIAL SECURITY SYSTEM (SSS) and EMPLOYEES COMPENSATION COMMISSION (ECC), Respondents.
This Petition for Certiorari under Rule 45 of the Rules on Civil Procedure seeks to review the August 17, 1999 Decision1 and May 18, 2001 Resolution2 of the Court of Appeals (CA) in CA-G.R. SP No. 44670 which affirmed respondents Social Security System (SSS) and Employees Compensation Commission (ECC) in denying petitioner's claim for compensation benefits under Presidential Decree (P.D.) No. 626, as amended.
During his eighteen (18) years of service with UPL, he boarded various foreign ocean-going vessels4 while performing his duties and responsibilities that included cleaning chemical-spill-oil on deck, slat dislodging, and spraying naphtha chemical and washing dirt and rusts inside the tank.
Definitely, [petitioner's] Chronic Open Angle Glaucoma is not an occupational disease under the law. Thus, he is required to show by substantial evidence that the nature of his job as a Seaman had increased the risk of contracting the disease. However, appellant failed to discharge the burden of proof required by the law.
Based on medical findings, Open Angle Glaucoma arises as a complication of chronic obstruction of aqueous humor reabsorption in the trabecular meshwork. It is usually asymptomatic and only rarely causes ocular pain or corneal edema. The treatment is primarily medical. Surgery to prevent permanent visual loss is necessary in only a minority of patients (Ref.: Harrison's Principles of Internal Medicine, 11th edition, p. 71).
Petitioner's motion for reconsideration was subsequently denied;12 hence, this recourse.
In fine, petitioner stresses that, as a social legislation, P.D. No. 626, as amended, should be interpreted to give meaning and substance to the liberal and compassionate spirit of the 1987 Constitution and the Labor Code.
Under the Labor Code, as amended, an employee is entitled to compensation benefits if the sickness is a result of an occupational disease listed under Annex "A" of the Rules on Employees' Compensation; or in case of any other illness, if it is caused by employment, subject to proof that the risk of contracting the same is increased by the working conditions.14 This is as it should be because for an illness to be compensable, it must be (1) directly caused by such employment; (2) aggravated by the employment; or (3) the result of the nature of such employment.15 Jurisprudence provides that to establish compensability of a non-occupational disease, reasonable proof of work-connection and not direct causal relation is required.16 It is enough that the hypothesis on which the workmen's claim is based is probable.17 Probability, not the ultimate degree of certainty, is the test of proof in compensation proceedings18 since in carrying out and interpreting the provisions of the Labor Code and its implementing rules and regulations the primordial and paramount consideration is the employees' welfare.
In the present case, petitioner's chronic open angle glaucoma is not listed as an occupational disease; hence, he has the burden of proving by substantial evidence, or such relevant evidence which a reasonable mind might accept as adequate to justify a conclusion, that the nature of his employment or working conditions increased the risk of contracting the ailment or that its progression or aggravation was brought about thereby.
Perusal of the records, however, regrettably reveals petitioner's failure to adduce any proof of a reasonable connection between his work as a seaman and the chronic open angle glaucoma he had contracted. At the most, he merely claims that he performed odd jobs without fail - cleaning chemical-spill-oil on deck, slat dislodging, and spraying naphtha chemical and washing dirt and rusts inside the tank - strenuous tasks which according to him required climbing, bending over and running for so many times. Adding thereto were the perils of the sea and the homesickness he said he experienced which allegedly caused emotional strains on his part.
The necessity of establishing the supposed work connection is all the more crucial in the face of the fact that the readily-available medical literature would appear to consistently indicate that open angle glaucoma is brought about by several factors other than the purported "physical and emotional strains," such as aging, race, family history, nearsightedness or farsightedness, prolonged corticosteroid use, nutritional deficiencies, brain chemical abnormalities, injuries, infection or abnormalities in the eye, and medical conditions such as diabetes, high blood pressure or heart disease.20 Therefore, to easily attribute to the "physical and emotional strains" allegedly attendant in petitioner's job as a seaman the chronic open angle glaucoma he is currently suffering is evidently to oversimplify an otherwise complex fact-finding process that should have taken place to determine the true cause of the ailment.
In Sante v. Employees' Compensation Commission,21 this Court ruled that "' a claimant must submit such proof as would constitute a reasonable basis for concluding either that the conditions of employment of the claimant caused the ailment or that such working conditions had aggravated the risk of contracting that ailment. What kind and quantum of evidence would constitute an adequate basis for a reasonable man (not necessarily a medical scientist) to reach one or the other conclusion, can obviously be determined only on a case-to-case basis. That evidence must, however, be real and substantial, and not merely apparent; for the duty to prove work-causation or work-aggravation imposed by existing law is real - not merely apparent."
WHEREFORE, the petition is DENIED. The August 17, 1999 Decision and May 18, 2001 Resolution of the Court of Appeals are hereby AFFIRMED.
1 Penned by Associate Justice Fermin A. Martin, Jr., with Associate Justices Presbitero J. Velasco, Jr. (now Supreme Court Associate Justice) and B.A. Adefuin De la Cruz concurring.
3 CA rollo, pp. 22-23.
6 ECC records (not paginated).
9 CA rollo, pp. 19-20.
14 GSIS v. Cuanang, G.R. No. 158846, June 3, 2004, 430 SCRA 639, 648.
15 Loyola v. GSIS, G.R. No. 89097, August 24, 1990, 189 SCRA 82, 85.
16 GSIS v. Court of Appeals, 417 Phil. 102, 109 (2001).
17 Castor-Garupa v. ECC, G.R. No. 158268, April 12, 2006 and GSIS v. Valenciano, G.R. No. 168821, April 10, 2006.
18 GSIS v. Cuanang, Supra note 14 at 646, citing Philippine Transmarine Carriers, Inc. v. NLRC, G.R. No. 123891, February 28, 2001, 353 SCRA 47, 53.
19 Raro v. ECC, G.R. No. 58445, April 27, 1989, 172 SCRA 845, 849, as cited in Orate v. Court of Appeals, 447 Phil 654, 666 (2003); RiÃ±o v. Employees' Compensation Commission, 387 Phil. 612, 620 (2000); Librea v. ECC, G.R. No. 58879, March 6, 1992, 207 SCRA 45, 48; and Sante v. Employees' Compensation Commission, G.R. No. 84415, June 29, 1989, 174 SCRA 557, 562.
20 http://www.medicinenet.com/glaucoma/page2.htm (visited on September 7, 2007); http://www.webmd.com/eye-health/glaucoma-eyes?page=2&print=true (visited on September 7, 2007); http://www.docshop.com/education/vision/eye-diseases/glaucoma/causes (visited on September 7, 2007); http://www.mayoclinic.com/print/glaucoma/DS00283/DSECTION=all& METHOD=print (visited on September 5, 2007); http://www.nlm.nih.gov/medlineplus/print/ency/ article/001620.htm. (visited on September 5, 2007); http://www.umm.edu/ency/article/001620.htm (visited on September 5, 2007); http://www.emedicine.com/oph/byname/glaucoma-primary-open-angle.htm (visited on September 5, 2007); and http://www.visionrx.com/library/enc/enc_ oaglaucoma.asp?print=1& (visited on September 5, 2007).
21 Supra note 19 at 565.
22 357 Phil. 511 (1998).

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Post-award protest; HUBZone price evaluation preference; Small Business Certification; Corrective action Signed by Judge Merow.
Tucker Act Jurisdiction; "Federal Agency;" Architect of the Capitol; 28 U.S.C. § 451; "Executive Agency;" Statutory "Context;" Emery Worldwide Airlines, Inc. v. United States Signed by Judge Hodges.
Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Temporary Takings Claim; Doctrine of Claim Preclusion or Res Judicata; Statute of Limitations; 28 U.S.C. § 2501 Signed by Judge Hewitt.
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Breach of Contract; Statute Of Limitations; Waiver of Sovereign Immunity; Motion To Dismiss; Accrual of Cause Of Action; 31 C.F.R. § 211.1; Legal Disability Signed by Judge Damich.
Military Pay; Court-Martial Review; Res Judicata; Statute of Limitations. Signed by Judge Merow.
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Tax; I.R.C. § 4481(a) - Heavy Vehicle Use Tax. (i) Exceptions to tax: mobile machinery and off-highway transportation. (ii) Equality of treatment: IBM rule that the IRS must treat similarly situated taxpayers equally does not extend to a taxpayer who has not sought its own private letter ruling but attempts, instead, to rely on a ruling issued to another taxpayer. (iii) Claim for refund: requirement of I.R.C. § 7422(a) that a taxpayer file an administrative claim for refund before seeking judicial relief is not satisfied where the subsequently presented court claim asserts as a basis for refund factual considerations that the IRS did not have reason to know. Signed by Judge Wiese.
Summary Judgment; Contract Interpretation; Parking Agreement; Railroad Revitalization & Regulatory Reform Act of 1976. Signed by Judge Merow.
Motion to Dismiss; Jurisdiction over matters pursuant to CDA; Requirements to state a valid non-monetary CDA "claim." Signed by Judge Merow.
Takings; Nuclear Waste Policy Act of 1982, 42 U.S.C. § § 10101-10270 (2003); maintaining action for taking when complaint also pleads claim in contract.
Motion for partial summary judgment; unauthorized contract; institutional ratification Signed by Judge Smith.
Motion to Dismiss; Motion for Summary Judgment; Contract Disputes Act, 41 U.S.C. § § 601-13 (2002); Defective Specifications; Type I Differing Site Conditions Signed by Judge Smith.
Contracts; breach of contract; motion for summary judgment; contract formation; implied-in-fact contract; consideration; promissory estoppel; takings Signed by Judge Miller, C..
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Motion for Reconsideration; Exhaustion of Administrative Remedies; Federal Law Enforcement Pay Reform Act of 1990, Pub. L. No. 101-509. Signed by Judge Horn.


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Data processing is only done by us and, if necessary, by service providers engaged by us as well as, in the event that you give your consent or in the context of contractual relationships, also by other third parties and in the event of pseudonymized data also by companies of Oetker Group with which we are affiliated. Otherwise, we will only process your personal data on the basis of an official or legal obligation.
We will only process your personal data as long as the purposes specified for the relevant processing within the meaning of Art. 6 (1) GDPR continue to exist and/or until the limitation periods of any claims and statutory obligations to store the data have expired.
You always have a right of access regarding the data stored with regard to you and a right to rectification, erasure, restriction of processing, data portability and a right to object (Art. 15-21 GDPR), a right to withdraw your consent, if applicable, (with effect for the future, Art. 7 GDPR) and a right to lodge a complaint with a supervisory authority (Art. 77 GDPR).
If you wish to assert your rights or have any questions that this data protection information could not answer, please send a letter or an e-mail to our data protection officer (for contact details, see above).
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Complexity in the solid state can emerge structurally or chemically. Complex structures are characterized by the nature of their long-range and short-range order. Examples range from crystals with large unit cells to structures with incommensurately modulated periodicity (or quasi-periodicity) to structurally amorphous solids. Chemical complexity, on the other hand, arises simply by increasing the compositional variables; even simple structures, e.g., bcc or fcc, become challenging to characterize when multi-component systems are explored. Complex inter-metallics feature diverse bonding, stunning structural variations, and an exceptional breadth of physical properties. They also have widespread application for the construc-tion of materials, catalysts, magnets, high performance alloys for energy storage and conversion, as well as for other highly specialized applications. Their use is determined by their physical and chemical properties, which find their origin in the electronic structure. Our primary goal is to discover new, metal-rich materials while formulating (via electronic structure theory) structure-composition-property relationships for these materials in the bulk. As novel structures and bonding features emerge, further relationships between atomic and electronic structures will likewise emerge to guide further experimentation.
M. Rhodehouse, T. Bell, V. Smetana, A.-V. Mudring, G.H. Meyer, An Obscured or Nonexistent Binary Intermetallic, Co7Pr17, its Existent Neighbor Co2Pr5, and Two New Ternaries in the System Co/Sn/Pr, CoSn3Pr1-x and Co2–xSn7Pr3, Cryst. Growth Des. 2018, 18, 6273-6283. DOI: 10.1021/acs.cgd.8b01141.
T. Bell, C. Celania, V. Smetana, A.-V. Mudring, G.H. Meyer, Tb3Pd2, Er3Pd2 and Er6Co5–x: Structural Variations and Bonding in Rare Earth Richer Binary Intermetallics, Acta Cryst. C, 2018, C74, 991-996. DOI: https://doi.org/10.1107/S2053229618010549.
M. Rhodehouse, T. Bell, V. Smetana A.-V. Mudring, G.H. Meyer, From the non-existent polar intermetallic Pt3Pr4 via Pt2-xPr3 to novel Pt/Sn/Pr ternaries, Inorg. Chem, 2018, 57, 9949-9961. DOI: 10.1021/acs.inorgchem.8b01121.
C. Celania,V. Smetana,A. Provino,P. Manfrinetti, A.-V. Mudring, R14(Au, M)51 (R = Y, La-Nd, Sm-Tb, Ho, Er, Yb, Lu; M = Al, Ga, Ge, In, Sn, Sb, Bi): Stability Ranges and Site Preference in the Gd14Ag51 Structure Type, Cryst. Growth Des. 2018, 18, 993-1001. DOI: 10.1021/acs.cgd.7b01469.
C. Celania,V. Smetana,A.-V. Mudring, Bringing Order to Large Scale Disordered Complex Metal Alloys: Gd2Au15-xSbx and BaAuxGa12-x, CrystEngComm 2018, 20, 348-355 DOI: 10.1039/C7CE01865G.
C. Celania, V. Smetana, A.-V. Mudring, Crystal Structures and new perspectives on Y3Au4 and Y15Au51, Acta Cryst. C 2017, C73, 692-696, DOI: 10.1107/S2053229617011068.
C. Celania, V. Smetana, A. Provino, P. Manfrinetti, V. Pecharsky, A.-V. Mudring, R3Au9Pn (R = Y, Gd-TM; Pn = Sb, Bi): A Link between Cu10Sn3 and Gd14Ag51, Inorg. Chem. 2017, 56, 7247-7256, DOI: 10.1021/acs.inorgchem.7b00898.
V. Smetana, S. Steinberg, Y. Mudryk, V. Pecharsky, G.J. Miller, A.-V. Mudring, Cation-Poor Complex Metallic Alloys in Ba(Eu)-Au-Al(Ga) Systems: identifying the Keys that Control Structural Arrangements and Atom Distribution at the Atomic Level, Inorg. Chem. 2015, 54, 10296-10308. DOI: 10.1021/acs.inorgchem.5b01633.

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