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have probably triggered the occurrence of his sebaceous cyst.[172]
Madridejos has not enumerated either the scope of his job or his regular tasks as a
Demi Chef that would supposedly show the correlation of his employment to the
development of his cyst. Similarly, he has failed to provide this Court with an overview
of significant working conditions that might have possibly contributed to the acquisition
or aggravation of his illness. Instead, he has merely made sweeping assertions about it.
Regrettably, Madridejos has failed to prove that the development of cyst was due to the
nature of his job as a Demi Chef. For this reason, this Court cannot presuppose that it
is work-related.
Furthermore, it was already settled that Madridejos was not repatriated due to his
alleged medical condition but due to the expiration of his contract as a probationary
employee. For this reason, therefore, it becomes unnecessary for NYK-FIL to overcome
the disputable presumption that Madridejos' illness was work-related.
IV
Madridejos insists that his Pre-Employment Medical Examination showed that he was
"fit to work" before he commenced employment.[173] This proves that he incurred his
illness during his service and was only aggravated when he was on board.[174]
"A seafarer only needs to pass the mandatory [Pre-Employment Medical Examination]
in order to be deployed on duty at sea."[175] A Pre-Employment Medical Examination
cannot be relied upon to reflect a "seafarer's true state of health" since it is not
exploratory and may just disclose enough for employers to decide whether a "seafarer
is fit for overseas employment."[176] Due to the nature of a Pre-Employment Medical
Examination, it is possible that Madridejos' sebaceous cyst was not detected prior to his
employment.
Nevertheless, NYK-FIL has not been remiss in its duty to provide Madridejos with all the
necessary aid. When he was diagnosed with a sebaceous cyst, he was immediately
referred to a hospital where all the expenses were shouldered by the company.[177]
This assertion was not contradicted by Madridejos.
Given that Madridejos' repatriation was due to the termination of his service contract,
there was no bad faith on the part of NYK-FIL. Accordingly, we deny Madridejos' claim
for moral damages and attorney's fees.
The Constitutional mandate in providing full protection to labor "is not meant to be a
sword to oppress employers."[178] This Court's assurance to this policy does not stop
us from upholding "the employer when it is in the right."[179] Thus, when evidence
contradicts compensability, the claim cannot prosper, otherwise it "causes injustice to
the employer."[180]
WHEREFORE, the petition is DENIED. The assailed September 26, 2012 and
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