8/26/2020
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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
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