5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly Hypertensive cardiovascular disease is an occupational disease under the POEA-SEC. Diabetes is also presumed to be work related. During his PEME, his blood examination revealed normal results for blood sugar, cholesterol, and triglyceride. He did not show any symptoms of illness. It was only while performing his strenuous duties on board respondents' vessel that he experienced chest pain, difficulty in breathing, and easy fatigability. Thus, the relationship between his work and his hypertensive cardiovascular disease is too clear to ignore. The Court of Appeals overlooked the Court's ruling in Magsaysay Mitsui OSK Marine, Inc. v. Bengson that cardiovascular diseases are compensable.[42] The company-designated doctor also conveniently omitted "stress" as an element for aggravation of his hypertensive cardiovascular disease. In fact, the stress brought by his tasks on board had either directly caused or greatly contributed to his illnesses.[43] The alleged pre-existence of his illness should not militate against his claims. What is to be considered is whether, in some degree, his employment as seafarer contributed to the aggravation of his illness.[44] The Court of Appeals also erred in giving more credence to the company-designated doctor's medical report. It must be noted that Dr. Go was neither a pulmonologist nor a cardiologist. She is a pediatrist. She has no expertise to his medical case, unlike Dr. Vicaldo and Dr. Lucas who are both cardiologists. Dr. Go did not even mention in her report whether he was already cured of hypertensive cardiovascular disease. The report only addressed his tuberculosis and diabetes.[45] Respondents' Position[46] Respondents assert that petitioner raises factual questions which are not permitted in petitions for review on certiorari.[47] Too, petitioner's arguments are a mere rehash of the matters already resolved by the Court of Appeals. Petitioner's illnesses are pre-existing which he willfully concealed before deployment. When asked during his PEME whether he had gotten hospitalized due to, or was aware of any medical problems like hypertension and diabetes, petitioner answered in the negative despite knowing full well that he had been diagnosed with these illnesses. It was only when he got medically repatriated on September 11, 2012 that he admitted to the company-designated doctors his past diagnoses. Being pre-existing conditions, therefore, petitioner's illnesses are non-compensable.[48] Further, petitioner should have demanded referral to a third doctor instead of immediately filing the complaint below. As the Court of Appeals correctly held, referral to a third doctor is mandatory. The Supreme Court has consistently held that where there is a conflict between the findings of the company-designated physician and the seafarer's doctor, the seafarer is mandated to initiate the move to bring in a third doctor to verify as to who between the company-designated doctors and petitioner's own chosen doctors have more credible findings.[49] https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66467 7/17