4/29/2020
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He was subjected to medical check-up on board. After considering the extent of the
rashes on his upper torso[8] and the fact that he is engaged in food preparation and
service, he was medically repatriated on October 7, 2005.
Upon arrival in the Philippines, the respondent was referred to the petitioners’
company-designated physician, Dr. Natalio Alegre II (Dr. Alegre),[9] before whom he
reported for treatment twice a week for eight (8) months. The respondent also
underwent phototherapy for not less than twenty (20) sessions. During all these times,
the petitioners shouldered the medical expenses of the respondent and paid him sick
wage benefits.
In a letter dated June 23, 2006 to the petitioners, Dr. Alegre declared the respondent to
be afflicted with psoriasis, an auto-immune ailment that is not work-related, viz:
Mr. Nelson E. Mesina followed-up on 23 June 2006.
The complete hepatitis profile was normal. The SGPT and SGOT were
elevated indicating liver inflammation.
Ultrasound of the liver showed severe fatty infiltration.
Essentiale Forte three times daily is prescribed and follow-up is requested on
23 July 2006.
Psoriasis is an auto-immune ailment whereby the immune system
misbehaves for no known reasons to attack a particular part of the body (in
this case, the skin). It is not work[-]related and based on POEA contract, no
disability could be assessed.[10]
Based on Dr. Alegre’s finding that psoriasis is not work-related, the petitioners
discontinued paying the respondent’s benefits. Aggrieved, the respondent sought the
assistance of his union, the Associated Maritime Officers’ and Seamen’s Union of the
Philippines (AMOSUP), which submitted him for diagnosis to Dr. Glenda AnastacioFugoso (Dr. Fugoso), a dermatologist at the Seaman’s Hospital.
In a handwritten certification dated February 13, 2007, Dr. Fugoso confirmed that the
respondent is suffering from Psoriasis Vulgaris, a disease aggravated by work but is not
contagious. In another handwritten certification dated February 20, 2007, Dr. Fugoso
certified that:
Mr. Nelson E, Mesina is at present disabled. Diagnosed as Psoriasis Vulgaris
(a recurring non-contagious papulosquamous disease aggravated by stress
drug intake alcohol etc.). His skin condition has occupied 80% of his body
which will need a longer time to control.[11]
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56025
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