8/26/2020 E-Library - Information At Your Fingertips: Printer Friendly In December 2011, Malicdem underwent a PEME and was eventually issued a medical certification with recommendation that he was fit to work. He was given maintenance medicines for his hypertension.[14] On December 21, 2011, Malicdem and respondents signed an employment contract with a duration of nine (9) months. On December 31, 2011, Malicdem embarked on MV Nord Liberty as Chief Engineer. On October 12, 2012, he was repatriated to the Philippines.[15] According to Malicdem, while on board MV Nord Liberty, he was exposed to psychological stress for being away from his family for months; to consumption of fatty, cholesterol and sodium rich food which were part of the provisions in the vessel; to heat in the engine room emitted by ship equipment; and to frequent inhalation of diesel and hydrocarbons used as fuel for the vessel.[16] In October, 2012, he suffered episodes of dizziness and blurring vision. He reported these ailments to the Ship Captain but was not referred to a doctor because the vessel was then at sea. Allegedly, on October 12, 2012, Malicdem saw a doctor in Japan.[17] On the same day, Malicdem was repatriated to the Philippines.[18] Malicdem likewise alleges that on October 15, 2012, he reported to respondents' office and asked for referral to a company-designated physician for post-employment medical examination.[19] However, he was not given any referral. His medical expenses were shouldered by him without any help from respondents.[20] After several days of rest and medication, he re-applied for deployment with ABTPI but was no longer rehired. He remained unemployed for months.[21] On March 12, 2014, Malicdem consulted a private doctor, Dr. Liberato Casison (Dr. Casison), who assessed him as "[disabled] for any work" due to his conditions.[22] On March 25, 2014, Malicdem filed a complaint[23] for disability benefits,[24] claiming that he is entitled to permanent and total disability benefits because his illnesses, which consist of hypertension and glaucoma, are work-related, as he was exposed to risk factors that aggravated these conditions while on-board respondents' vessel.[25] On May 29, 2014, the company-designated physician, Dr. Salvador, issued a "Reply to Medical Query" listing down the risk factors of glaucoma and reiterating her findings in 2011, during Malicdem's first repatriation, that the latter's glaucoma was not workrelated.[26] On the other hand, respondents essentially aver that the conditions suffered by Malicdem are not work-related.[27] His glaucoma, specifically, had been found by the company-designated physician as being not work related and the physician is in the best position to determine Malicdem's condition because of their expertise and the amount of time and attention devoted to his examination.[28] Moreover, Malicdem failed to comply with the mandatory reporting to a company-designated physician within three (3) days from disembarkation, thus, resulting to forfeiture of his claims.[29] Ruling of the LA https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65276 2/17

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