5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly Enclosed are the comments of the specialists. Final Diagnosis - Pulmonary Tuberculosis - Treated Left Pleural Effusion - Resolved Diabetes Mellitus, Controlled Thus, the specialists opined that petitioner was already cleared for work. Petitioner, however, did not accept this finding and informed respondents that he would be seeking the opinion of other doctors.[12] Petitioner went to cardiologist Dr. Efren R. Vicaldo from the Philippine Heart Center who diagnosed him with hypertensive cardiovascular disease; kocks pleural effusion, left; S/P thoracentesis; and arthritis, knees, bilateral. As such, Dr. Vicaldo declared petitioner to be permanently unfit to resume sea duties.[13] Petitioner also went to Internal Medicine-Adult Cardiology Specialist Dr. Paul C. Lucas who diagnosed him with hypertensive cardiovascular disease - uncontrolled; type 2 diabetes mellltus; osteoarthritis; urolithiasis; and upper respiratory tract infection and prescribed him several medicines.[14] Based on these findings, petitioner sought total and permanent disability benefits from respondents. Respondents refused to pay on ground that the company-designated doctor had earlier declared petitioner fit to work. Hence, petitioner filed a complaint before the NCMB for permanent and total disability benefits.[15] Respondents argued that the NCMB had no jurisdiction over the case considering there was no applicable Collective Bargaining Agreement (CBA) between the parties. In any case, petitioner was precluded from collecting total and permanent disability benefits because he fraudulently concealed the fact that he was previously diagnosed with hypertension and diabetes. During his PEME, when asked whether he suffered from hypertension and diabetes, petitioner answered in the negative despite knowing full well that he was diagnosed with such illnesses in his previous PEMEs. He disclosed this fact only upon his repatriation. Petitioner also failed to comply with the procedure for claiming disability benefits when he did not ask to be referred to a third doctor.[16] Even disregarding the foregoing, petitioner was still not entitled to disability benefits because his illnesses were hereditary and not work- related. More, the companydesignated doctors had certified petitioner as fit to work. His hypertension was already under control as early as October 2012; his tuberculosis, treated; left pleural effusion, resolved; and diabetes, controlled.[17] Petitioner, however, denied that he was guilty of concealment. He averred that hypertension and diabetes could easily be detected during his PEME. If, indeed, these illnesses were pre-existing, then respondents' PEME should have revealed he had such illnesses, but it did not. Respondents certified him as fit to work prior to deployment https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66467 3/17