5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly The physical therapy resulted in a very minimal effect in relation to joint pain and range of motion. The pain is persistent and unrelenting affecting his activities of daily living. The impediment is permanent and greatly affects his job. No amount of physical therapy can restore his premorbid capacity and performance level. He cannot tolerate prolonged standing or walking due to pain and even more difficult when going up the stairs. Pain on weight beating makes it difficult to carry heavy items onboard. As a Steward, he performs his duties sitting low, squatting and kneeling most of the time. With the painful knee, he is now unable to perform his job well. Hence, a lifestyle modification and occupational change is adviced [sic] to prevent early severe progression of the deformity. This impediment has ended his career as a seafarer. (Emphasis supplied) The Court, in Centennial Transmarine, Inc. v. Quiambao,[42] had the opportunity to rule on a similar case where a seafarer was diagnosed with Osteoarthritis. We held therein that since a seafarer's work generally involves carrying heavy loads and the performance of other strenuous activities, it can reasonably be concluded that his work caused or at least aggravated his illness. Moreover, according to the 2010 POEA-SEC,[43] an illness shall be considered as preexisting if prior to the processing of the POEA contract, any of the following conditions is present: (a) the advice of a medical doctor on treatment was given for such continuing illness or condition; or (b) the seafarer had been diagnosed and has knowledge of such illness or condition, but failed to disclose the same during the PEME, and such cannot be diagnosed during the PEME.[44] Nothing on the records indicate that any of the aforesaid conditions are present here. What's more, the LA correctly held that petitioners are to blame for prematurely declaring Narbonita as fit to work for another sea employment while still recovering from his previous knee surgery which eventually ripened to his current osteoarthritis. The Court agrees with the LA that petitioners cannot now be allowed to look the other way and assert pre-existing condition to avoid liability. In sum, petitioners miserably failed to show any ground to warrant a disturbance of the findings and conclusions of not one, not two, but three different courts or tribunals. Anent the claim for attorney's fees, the same was correctly granted following Article 2208 of the New Civil Code which allows its recovery in actions for recovery of wages of laborers and actions for indemnity under the employer's liability laws, and prevailing jurisprudence.[45] WHEREFORE, the Petition for Review on Certiorari is DENIED. The assailed December 2, 2015 and May 16, 2016 Resolutions of the Court of Appeals in CA-G.R. SP No. 141341 which affirmed the Resolution dated April 10, 2015 of the National Labor Relations Commission are hereby AFFIRMED in toto. Legal interest is no longer imposed on the total award of US$66,000.00 in view of the satisfaction of the amount already made on August 13, 2015.[46] https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66272 6/9