5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly with the three-day reportorial requirement, his mental faculties might have hindered him from doing so, because of the possible trauma inflicted on him caused by the two incidents of sexual harassment at the hands of the chief officer. A review of the records of this case shows that petitioner was unable to comply with the 3-day reportorial requirement but filed a complaint one week after repatriation. We note the findings of the National Labor Relations Commission on this matter: Complainant's belated explanation in his Memorandum in Appeal that his mental state could not even cognize the imperative nature of the requirement fails to persuade [u]s. If he is indeed suffering from a debilitating mental incapacity as to deprive him of reason and logic to consult the company designated physician or at least notify his manning agent by some other means, then how come he had the wisdom of filing a complaint with the OWWA a week after he signed off from the vessel? How come that in his own Position Paper, he stated in no. 51 thereof that "in 12 July 2014, the complainant was repatriated to the Philippines and the company physicians examined him after his arrival." This statement strongly indicates that he knew he had to be examined after his arrival yet he was not able to produce any medical report of the company physician and instead submitted, very belatedly at that, the medical reports of his self-appointed doctors which, with due respect to the doctors, were wanting in many aspects.[106] (Emphasis supplied). Perhaps petitioner's mind might have been so confused that he could not whatever was happening around him. He might have lost his sense of time the trauma, thus rendering him unable to comply with the three-day requirement. It is also possible that he found it too traumatic to report to upon repatriation. fully grasp because of reportorial his agency To support his claim for disability benefits, petitioner presented a psychiatric report[107] and a medical certificate.[108] These documents only prove that he was diagnosed with PTSD, prescribed to take medication, and recommended for psychotherapy sessions. [109] However, there was no disability grading. The medical certificate states that "[a]t this point in time he cannot return to his work as a seafarer." This statement is not sufficient for this court to conclude that petitioner is permanently and totally disabled to work as a seafarer. It does not instruct us how petitioner's PTSD is work-related or work-aggravated. It also does not tell us whether petitioner underwent psychotherapy sessions, as recommended by his physicians. Assuming that petitioner underwent psychotherapy sessions and took his prescribed medication, no evidence was presented showing how he responded to treatment. Phil. Transmarine Carriers, Inc. et al. v. Nazam[110] involved a Nazam, a Bosun who requested for voluntary repatriation based on personal reasons. Shortly after he was repatriated, he filed a complaint for "payment of disability benefits, sickness allowance, damages, and attorney's fees" because the humiliation, verbal, and mental abuse he experienced onboard caused "to suffer hypertension and depression."[111] The Labor https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66544 15/25