behalf of its principal, Columbia Ship Management, Ltd.
In the Philippine Overseas Employment Administration (POEA)-approved
contract4[4], respondent did not reveal that he had suffered from kidney or bladder
trouble, and as his Pre-employment Medical Examination (PEME) yielded normal
results, the company-designated physician declared him “fit to work.”
Respondent soon boarded the vessel Tama Star on November 19, 2002 and
completed his contract on August 7, 2003. Three weeks later or on August 29,
2003, he reported to petitioner’s office to claim his benefits under the contract
amounting to P67,584.93, for which he signed a “Discharge Receipt and Release of
Claim.” Close to two years later or on July 28, 2005, respondent filed before the
Labor Arbiter a complaint5[5] claiming disability benefits, medical expenses,
sickness allowance, damages and attorney’s fees against petitioner.
On August 11, 2005, petitioner consulted for kidney ailment with Dr. Oscar
Jesus Abarquez (Dr. Abarquez) and Dr. Maria Corazon T. Entero-Lim (Dr. EnteroLim) who both declared in their respective medical certificates that he was
suffering from the presence of stones in his kidney and was not fit to work.
4
[4]
Id. at 3.
5
[5]
Id. at 2.