6/7/2021
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Bipolar Condition
R/O Schizophrenic Episode;
Posttraumatic Stress Disorder;
DOI:On repeated and persistent episodes in a series of
[e]xacerbations after a traumatic incident in 2012;
TOI: Persistent episodes from aforesaid period;
POI: MV Renuar, that sailed from Brazil and was in the
seas of Iran in February 2012 when sometime during
aforesaid period above-named seaman and fellow
seamen on board above-named ship were hostage [sic]
by Somalian pirated; [sic] and
incurring the following: History points out that from abovementioned dates, above-named patient suffered the following
signs and symptoms of palpitations, accompanied with chest
pains and tachycardia; tremors, muscle tension, and tingling in
the extremities; light-headedness and dizziness; upset
stomach; feeling of weakness and fatigue; irritability;
restlessness and feeling of being on edge; difficulty
concentrating and feeling blank; and wakefulness or total lack
of sleep. The condition started when above-named patient
and his co-seafarers suffered from punishments,
including deprivation from food, water and liberty from
Somalian pirates. He was repatriated and had undergone
treatment sessions with the undersigned for the following
diagnosed conditions, x x x[32] (Emphases supplied.)
At any rate, there is no substantial evidence on the link between Lloyd's supposed
illnesses and nature of work. Foremost, piracy is a risk confronting all seafarers while in
voyage, but the clinical report only made general statements on punishments and
deprivation of food, water and liberty. The relationship of the risk and the diseases was
not fairly established. There was no proof or explanation as to how Lloyd acquired the
illnesses as a result of the hostage incident. The psychologists hastily concluded that
Lloyd's conditions started after the piracy. Moreover, Lloyd's actions after the hostage
incident are incompatible with the clinical psychologist's findings. Lloyd was repatriated
from M/V Renuar on May 5, 2011 but he applied again and was deployed on January,
10, 2012 on board M/V Iron Manolis. There is no indication, during the intervening
period of eight months from repatriation to deployment, that Lloyd experienced any
sign of the alleged diseases. In fact, Lloyd passed the pre-employment medical
examination and was cleared for re-employment. Lloyd even claimed that he "more
than fully and ably discharged his duties and responsibilities expected of him on board
the vessel."[33] Verily, it would be improbable for Lloyd to properly perform his tasks as
he claims if he had palpitations, chest pains, tremors, muscle tension, dizziness, upset
stomach, fatigue, irritability, restlessness and total lack of sleep. Quite the contrary,
these symptoms were belied since Lloyd lasted for seven months in M/V Iron Manolis.
All told, Lloyd is not entitled to total and permanent disability benefits for failure to
prove that he was repatriated for medical reasons and that a reasonable link exists
between his illnesses and nature of work. Absent substantial evidence as reasonable
basis, this Court is left with no choice but to deny Lloyd's claim for disability benefits,
lest an injustice be caused to his employer. The award of compensation and disability
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66675
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