6/5/2020
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2002.[4]
Reckoned from this period, the finding of fact of the labor tribunals and the appellate
court conflict on the results of petitioner's medical examinations. Three different
certifications come up, respectively supporting the assertions of either the petitioner or
respondents:
1. Results of petitioner's medical consultation from 11 June 2002 to 1 April 2003 which
declared petitioner "unfit to work" due to a work related injury or ailment, offered in
evidence by petitioner and cited by the NLRC in reversing the ruling of the Labor
Arbiter.
2. Results of petitioner's medical examination after expiration of his last contract on 12
April 2002 which declared him "fit to work," and submitted by respondents NAESS
Shipping Philippines, Inc., Miguel Oca and/or Kuwait Oil Tanker.
3. Debriefing Questionnaire duly accomplished by petitioner on 16 April 2002,
petitioner specifically stating that "all ok during his contract inc. his health (sic)."
In fact, the Court of Appeals in its Decision and Resolution made differing factual
findings thereon, thus:
Before [petitioner] went on board, he was declared fit for work. Never
during his work on board, did [petitioner] complain of any medical condition.
When he disembarked on finished contract on 12 April 2002, [petitioner] did
not complain of any illness nor did he report for medical consultation for any
medical condition. He therefore did not qualify for the disability benefits
forming part of his employment contract. He did not suffer any medical
condition during the term of his contract nor was proof presented that
whatever medical condition he complained of was caused by work-related
illness or injury as he made no report of any medical condition when he
disembarked. In fact he was declared fit for work in the 23 July 2002
Certification issued by Dr. Calanoc of Seamen's Hospital.[5]
The instant case arose from the complaint of [petitioner] for disability
benefits granted under the Philippine Overseas Employment Administration
Standard Employment Contract (POEA-SEC) for seamen. Records show that
[petitioner] was last deployed for the period from 07 July 2001 until 12 April
2002 when [petitioner] disembarked after completion of contract.
[Petitioner] underwent another medical examination on July 2002,
for possible re-deployment but was declared "unfit to work."[6]
(Emphasis supplied)
It appears from the record that petitioner never underwent post-employment medical
examination as required under Section 20 (B) of the POEA SEC. Thus, as previously
adverted to:
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60102
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