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dysacousis” – a condition in which certain sounds produce discomfort (auditory
dysesthesia).[10] On March 25, 2008, he was repatriated to the Philippines for further
medical treatment and examination.[11]
Following his repatriation, Ayungo was attended to by Dr. Robert Lim (Dr. Lim) of the
Metropolitan Medical Center (MMC), the designated physician of Beamko. In a Medical
Certificate[12] dated March 26, 2008, his tests reflected the following impressions: (a)
to consider Meniere’s Syndrome (Endolymphatics Hydrops); (b) Hypertension; and (c)
Diabetes Mellitus. It was also revealed that Ayungo was previously diagnosed with
Hypertension which he maintained by taking the prescriptive drug Lifezar.
In another Medical Report[13] dated May 21, 2008, Ayungo was further diagnosed with
Multiple Lacunar Infarcts and Coronary Artery Disease (CAD).
On July 9, 2008, Dr. Mylene Cruz-Balbon (Dr. Cruz-Balbon) and Dr. Lim of the MMC
issued another report,[14] finding that Ayungo’s Hypertension and Diabetes Mellitus
were both pre-existing and not work-related, viz.:
As per our reply to your previous inquiry dated April 10, 2008, his
Hypertension and Diabetes Mellitus are both pre-existing and can be
contributory to the Multiple Lacunar Infarcts noted on CT Scan.
xxxx
Hypertension is not work-related. It is multifactorial in origin which
includes genetic predisposition, poor lifestyle, high salt intake, smoking,
Diabetes Mellitus, age and increased sympathetic activity.
Diabetes Mellitus is usually familial/hereditary and is not work
related. (Emphases and underscoring supplied)
Unconvinced, Ayungo consulted another physician, Dr. May S. Donato-Tan (Dr. DonatoTan) of the Philippine Heart Center. In an undated medical certificate,[15] the latter
declared him to be suffering from CAD, Hypertension and Diabetes Mellitus that
rendered him unfit for sea duty in any capacity, the status thereof being that of a
permanent total disability.[16]
On September 2, 2008, Ayungo filed a complaint[17] before the NLRC for the payment
of permanent total disability benefits, sickness allowance, reimbursement of medical
expenses, damages and attorney’s fees against Beamko, respondent Juanito G.
Salvatierra, Jr. (Salvatierra, Jr.), in his capacity as President of Beamko, and Eagle
Maritime (respondents).
In his Position Paper[18] dated February 4, 2009, Ayungo claimed that he is entitled to
permanent total disability benefits considering that: (a) his medical records disclose
that his Hypertension caused the impairment of his heart and kidney organs;[19] (b) his
Hypertension and CAD developed and/or became aggravated as a result of the
conditions of his employment;[20] and (c) by employing Ayungo despite the disclosure
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