4/14/2021
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Issue
Can petitioner be declared as totally and permanently disabled by reason of his
hypertension?
Ruling
We grant the petition.
After undergoing a pre-employment medical examination (PEME), petitioner was
declared fit to work and was permitted to board MV British Ruby on July 22, 2015.
Although a PEME is not expected to be an in-depth examination of a seafarer's health,
still, it must fulfill its purpose of ascertaining a prospective seafarer's capacity for safely
performing tasks at sea. Thus, if it concludes that a seafarer, even one with an existing
medical condition, is "fit for sea duty," it must, on its face, be taken to mean that the
seafarer is well in a position to engage in employment aboard a sea vessel without
danger to his health.[21]
As it turned out though, petitioner, while on board, complained of fever and cough
productive of whitish phlegm and throat discomfort. His blood pressure also reached
173/111. This all happened during his seventh month on board. On February 22, 2016,
he was medically repatriated. On February 26, 2016, his treatment commenced in the
hands of the company-designated doctors at Marine Medical Services. After a series of
tests, he was diagnosed with lower respiratory tract infection and hypertension. He was
given an interim disability rating of Grade 12, after which he underwent continuous
medical treatment until July 1, 2016.
In their final Medical Report dated July 1, 2016, the company-designated doctors
stated:
This is a follow-up report of Motorman Michael Angelo T. Lemoncito. who
was initially seen here at Marine Medical Services on February 26, 2016 and
was diagnosed to have Lower Respiratory Tract Infection;
Hypertension.
He was previously cleared by the Pulmonologist with regards to his Lower
Respiratory Tract Infection.
He was seen by the Cardiologist who noted his blood pressure to be
adequately controlled with medications.
The specialist opines that patient is now cleared cardiac wise effective as of
July 1, 2016.[22]
On its face, there was no categorical statement that petitioner is fit or unfit to resume
his work as a seaman. It simply stated: a) petitioner was previously cleared of his
lower respiratory tract infection; b) petitioner's blood pressure is adequately controlled
with medications; and c) petitioner was cleared cardiac wise as of July 1, 2016. In
other words, this assessment is incomplete, nay, inconclusive. In fact, this medical
report leaves more questions than answers.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65966
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