5/28/2020
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SO ORDERED.”[16]
Ruling of the NLRC
The NLRC affirmed the LA’s ruling and added that Margarito did not even bother to
comply with the mandatory requirement of reporting to the petitioners’ office within
three (3) days from his disembarkation for post-employment medical examination
pursuant to Section 20 (B)[3] of the POEA-SEC. The NLRC Resolution[17] dated October
23, 2008 disposed as follows:
“WHEREFORE, premises considered, the appealed Decision is hereby
AFFIRMED in toto. The instant appeal is hereby, DISMISSED for lack of
merit.
SO ORDERED.”[18]
Ruling of the CA
The respondents elevated the case to the CA and, in support of their position that
Margarito’s illness is work-related, proffered the June 25, 2007 medical evaluation of
Dr. Efren R. Vicaldo (Dr. Vicaldo) of Philippine Heart Center, articulating thus:
This patient/seaman presented with history of nausea and anorexia noted on
June 2006 for which he was seen in United Arab Emirates. He underwent
blood chemistry examination and abdominal ultrasound and was diagnosed
as kidney disease. History revealed that he is also a known diabetic for six
years now and maintained on Metformin three times a day.
He was repatriated on September 8, 2006 and was subsequently confined
at Las Piñas Doctor’s Hospital. He underwent creation of arterio-venous
fistula on the left arm as access to future hemodialysis. Since then he
underwent regular hemodialysis at Manila Doctor’s Hospital two to three
times a week on the average. Latest laboratory exams done on June 19,
2007 showed significant elevation of his creatinine and potassium.
When seen at the clinic his blood pressure was 130/90 mmHg; PE of the
heart and lungs were unremarkable and he presented with hemodialysis
access on his left arm (sic).
He is now unfit to resume work as seaman in any capacity.
His illness is considered work aggravated/related.
He requires regular hemodialysis to maintain his creatinine level as well as
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