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the same date for consultation and was attended to by Dr. Liberato Casison, a specialist
in Internal Medicine, advising him to rest and prescribing certain medications.
After resting and taking the prescribed medication, petitioner re applied with
respondent company and was recommended for PEME. The result of petitioner's tests
revealed that he had the "Hypertension controlled with maintenance medication;
Dilated Cardiomyopathy; R/out ischemic etiology; Renal parenchymal calcification
bilateral; Suggest coronaryangiogram." Petitioner was not deployed due to the said
findings.
Thereafter, on March 1, 2013, petitioner again consulted Dr. Casison in order to find out
the real status of his medical condition. After being examined, Dr. Casison issued his
Medical Evaluation, which reads as follows:
Medical Evaluation
March 1,
2013
History revealed that subject was Pump Room Worker aboard a
tanker (MT North Star) was suddenly seized with severe chest pain
associated with dyspnea and body weakness. He was put to bed rest
and just under observation. No medication was taken. He was
eventually retired on July 6, 2012 and repatriated to the Philippines.
At this time, he continued to have easy fatiguability and chest pains.
On November 1, 2012, cardiology consultation was made. For a
more definitive diagnosis, coronary angiogram was made at YGEIA
Medical Center, and likewise 2-D Echo. He was found to have an
Ejection Fraction of 85% (very low) with dilatation of left atrium and
left ventricle with moderate mitral regurgitation and tricuspid
regurgitation.
The above chronology and history indicates a disabling coronary
artery disease. He is a potential candidate for myocardial infarction,
congestive heart failure, & arrhythmia (ventricular and atrial), which
may prove fatal with the above condition. Subject is considered
disabled for work.[4]
Thus, petitioner filed a complaint for payment of permanent disability benefits and
other money claims against respondent company on September 25, 2013 claiming that
as certified by his own physician, he developed a cardiovascular disease, which is listed
as an occupational disease under Section 32-A of the Philippine Overseas Employment
Administration Standard Employment Contract (POEA-SEC). Petitioner claimed that his
illness was brought about by his poor diet, exposure to harmful chemicals and stressful
work environment on board the vessel. He added that prior to his last employment, he
underwent and passed his PEME without any indication that he was suffering from any
heart disease. He also contended that considering his physician's assessment of Grade
1 disability, he should be declared totally and permanently incapacitated to resume his
duties and thus entitled to total and permanent disability benefits.
Respondents, however, insisted that petitioner was repatriated not for medical reasons
but because his contract has already ended. Respondent company also argued that
petitioner's failure to submit himself to PEME to be conducted by the companyelibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64110
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