6/14/2021
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steer, following a designated course; and (f) overhauling lifeboats and lifeboat gear and
lowering or raising lifeboats with winch or falls.[7]
Petitioner further alleged that he had been subjected to the same stress, fatiguing
duties and responsibilities, and work hazards during his three (3) years of working with
respondents.[8]
On January 24, 2013, while supervising the unloading of chemical coated grains,
petitioner experienced difficulty in breathing and suffocation. He later became dizzy and
was assisted by his crewmates and brought to his cabin for the administration of first
aid. The medical report issued by the shipside physician states:
Reason for visiting/complaints: DIFFICULTIES IN BREATHING SUSPECT
DUE TO [ASTHMA].[9]
Subsequently, petitioner reported to the Master of the vessel and the incident was
recorded in the vessel's medical logbook. He was thereafter brought to Marine &
Industrial Health Care Services in Louisiana, U.S.A. and examined by Dr. Frank Wilson
(Dr. Wilson), who diagnosed him with asthma, viz.:
The above named seaman presented today with documentation stating he
had ''difficulty breathing suspect due to asthma." Although a chest x ray
performed today was normal; Pulmonary function testing showed his FEY
(forced expiratory volume) at 54%. It should be near 100. His oxygen
saturation level is 93%, it also should be at, or near, 100%. The seaman's
diagnosis is Asthma. He apparently has a history of asthma. He is
not fit for sea duty, particularly considering the ship is loading a
grain cargo and the complication the cargo can cause to an
asthmatic, not to mention the by product(s) thereof. x x x The
seaman should be sent home ASAP for further evaluation and
treatment, as required.[10] (Emphasis and underscoring in the original)
On January 28, 2013, petitioner arrived in the Philippines. Within three (3) days from
his repatriation, he reported to respondents' manning agent for referral to the
company-designated physician to which, he was advised to wait for the approval of the
foreign principal for his medical treatment. While waiting, petitioner experienced
difficulty in breathing which prompted him to go to Manila East Medical Center in
Taytay, Rizal on February 2, 2013. He was confined in the hospital for two (2) days and
underwent Echocardiography wherein he was found to be suffering from Hypertension
Stage 2 and Multiple Stroke with Residual Left Hemiparesis.[11] The result states:
INTERPRETATION
Normal left ventricular size with adequate wall motion and
contractility.
Normal right ventricular size with adequate wall motion and
contractility.
Normal left atrium and right atrium.
Thickened anterior mitral valve leaflet without restriction of motion.
Mitral annular calcification.
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