5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly for his chest pains and tightness, but was allegedly advised to consult his own doctor as he was repatriated due to the expiration of his contract. Thus, he consulted with a certain Dr. Rogelio M. Martinez (Dr. Martinez), who gave him medications – Isordil Sublingual and Celebrox – after examination.[7] In July 2015, petitioner underwent another PEME with respondents' companydesignated doctor supposedly for another deployment. He was, however, found to be suffering from "concentric left ventricular hypertrophy with global hypokinesia." On November 14, 2015, he was subjected to the same tests, which gave the same results, but with the additional finding of "pulmonary hypertension" and "ischemic myocardium (interventricular septum) and stress-induced myocardial ischemia at risk (left ventricular free wall)." On December 5, 2015, another test revealed that petitioner is also suffering from "complete right bundle branch block and left ventricular hypertrophy." Due to these diagnoses, petitioner was declared unfit for sea duties.[8] Thereafter, petitioner was referred to another healthcare facility for another PEME, wherein he was diagnosed with "hypertensive cardiovascular disease and polycystic kidney disease." Hence, on April 14, 2016, an UNFIT Waiver was issued.[9] Unable to secure clearance for another deployment, petitioner claimed that he is entitled to payment of full disability benefits, arguing that his condition is work-related and that it had existed during his employment with respondents. He further argued that he is already totally and permanently disabled because his medical conditions prevented him from landing another gainful employment as Chief Engineer for more than 240 days from his repatriation.[10] For their part, respondents averred that petitioner completed his contract without any incident and, as such, was repatriated on June 4, 2015. According to respondents, there is no record of any medical complaint on the vessel, as well as upon his arrival in the Philippines. Further, petitioner did not report to the company-designated doctor for the mandatory post-employment medical examination. It was only during petitioner's reapplication when it was found that he was suffering from cardiovascular and kidney diseases. Hence, he was not cleared for another deployment. Thus, respondents maintain that petitioner is not entitled to disability benefits as he completed his contract without any incident, and that he did not suffer any work-related injury or illness during the term of his employment. Respondents also pointed out that petitioner's failure to submit himself to the required post-employment medical examination with the company-designated doctor forfeits his claim for disability benefits. Respondents, further, argued that the vessel was covered by the 2006 Maritime Labor Convention which provides for a healthy dietary standard. In fine, respondents contended that petitioner's claims are grounded upon mere allegations.[11] In a 2-1 Decision[12] dated November 24, 2016, the RCMB ruled in favor of petitioner, as follows: WHEREFORE, PREMISES CONSIDERED, decision is hereby rendered as follows: https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66454 2/12

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