8/26/2020
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Hire
CBA
Reference
No.
: IMEC-CBA[6]
On January 12, 2012, Toquero underwent a pre-employment medical examination and
was declared fit for sea duty. He was deployed on January 23, 2012.[7]
On April 24, 2012, while on board the vessel, Toquero was assaulted by his fellow
seafarer, Jamesy Fong (Fong).[8]
According to Toquero, he was instructed by the master of vessel to check and repair a
generator. Fong, who was an oiler, was ordered to assist him.[9]
While Fong was removing both the generator's cover lube oil pump and the flanges
from the flexible rope, Toquero advised him not to remove the flanges because the
problem was in the generator.[10]
This irked Fong, who complained that Toquero had no right to give him orders. Fong
recalled their prior altercation and challenged Toquero to a fistfight. Toquero ignored
Fong and continued working.[11]
Suddenly, Fong hit the back of Toquero's head with a big and heavy metal spanner,
knocking him unconscious. He was given first aid treatment at the ship clinic, where his
vital signs were monitored. Meanwhile, Fong was jailed in the immigration office and
was scheduled for repatriation.[12]
Toquero was later hospitalized in Lome, Togo, Africa, where he was evaluated by a
neurosurgeon, Dr. Tchamba Bambou. The Medical Certificate "noted a large lacerated
wound with a large depression on the left parietal area."[13] Toquero underwent urgent
craniectomy, debridement, and evacuation of hematoma, which left a hole in his skull.
He was discharged from the hospital on May 10, 2012.[14]
On May 14, 2012, Toquero was repatriated to the Philippines.[15] He was then referred
to the company-designated physician, Dr. Fe A. Bacungan (Dr. Bacungan), who
concluded that his frequent headaches and dizziness were due to the jarring of the
brain.[16]
Dr. Bacungan, the vice president and medical director of S.M. Lazo Medical Clinic, Inc.,
Crossworld's healthcare provider, recommended an electroencephalography for
Toquero. She wrote:
At the clinic, he was examined by one of our doctors and physical
examination findings showed a scar and depression on the left parietal area.
Initial Impression: Status-Post Craniotomy, Left Parietal area, with residual
Paresthesia of the C1-C4; Depressed Skull, Left Parietal
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