5/28/2020
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* wash used cooking utensils;
* keep hygiene in mess room and mess room pantry;
* general cleaning in provision chambers and dry provision store;
* clean up mess room.[9]
As 2nd Cook, Victor was tasked to get provisions from the cold storage which is kept at
its coldest temperature to maintain freshness of the food stored therein. He would do
this either immediately before or after his exposure to intense heat in the galley.
Victor alleged that when he was about to get provisions from the cold storage
sometime in November 2001, he felt a sudden pain in his chest that radiated to his
back. Since then, he experienced incessant cough, nasal congestion, difficulty in
breathing, physical weakness, chills and extreme apprehension. According to him, this
condition persisted until the expiration of his contract on May 7, 2002.
On May 9, 2002, Victor arrived in Manila. The following day, he reported to the office
of InterOrient and informed the company about the pain he experienced while he was
on board. Victor averred that InterOrient merely advised him to consult a doctor
without giving him any doctor’s referral.
He did, however, sign a Receipt and
Release[10] where he acknowledged receipt of the full payment of his monetary
entitlements under the employment contract, which provides in part, viz:
I hereby declare and confirm that I have no other claim against said vessel,
her Master, Owners, Operators and Agents and I hereby discharge and
release them from any other liability whatsoever[.] I further certify and
confirm that I worked on board the said vessel under normal conditions and
that I have not contracted or suffered any illness or injury from my work
and that I was discharged in good and perfect health.[11]
Thereafter, Victor claimed that he underwent medical examination at the Fatima
Medical Clinic where he shouldered all expenses. Although he reported his condition to
InterOrient, he was still not given any medical assistance. Instead, he was merely told
to continue medication and consultation.
On June 18, 2002, Victor went to the Heart and Lung Diagnostic Center where his
attending physician, Dr. Fernando G. Ayuyao (Dr. Ayuyao), found Victor to be suffering
from Community-Acquired Pneumonia 1 and Bronchial Asthma.
Medicines were
prescribed and he was advised to have another chest x-ray for re-evaluation after two
weeks. One month later, or on July 18, 2002, Dr. Ayuyao prescribed Victor with anti-TB
medications. Victor claimed that he continued his medication for nine months. But
when he consulted another doctor, a certain Dr. Purugganan from Citihealth Diagnostic
Center on June 5, 2003, it was found out that he had far-advanced pulmonary
tuberculosis.[12]
On August 13, 2003, Victor consulted another physician, Dr. Efren R. Vicaldo (Dr.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57627
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