5/28/2020
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When Margarito’s medical condition worsened, he was brought to Las Piñas Doctor’s
Hospital where he underwent a series of clinical and laboratory tests. Based on his 2D
Echocardiography Results dated September 12, 2006, Margarito was found afflicted
with “T/C RENAL INSUFFICIENCY, CORONARY ARTERY DISEASE.”[8]
He was again hospitalized from December 18, 2006 to January 4, 2007 at the Manila
Doctor’s Hospital. Based on the medical certificate issued by Dr. Elizabeth B. SalazarMontemayor dated January 17, 2007, Margarito was found to be suffering from “End
Stage Renal Disease 2 Diabetic Nephropathy.” He was likewise diagnosed with a “Right
Renal Cortical Cyst” on December 19, 2006.
He thereafter underwent dialysis
treatments three times a week and eventually became bedridden.[9]
The respondents averred that the petitioners failed to provide any medical assistance
the entire time that Margarito was undergoing medical treatments for an illness he
acquired while in their employ.[10]
For their part, the petitioners denied any liability for Margarito’s monetary claims. They
asserted that he failed to comply with Section 20(B), paragraph (3) of the 2000
Amended Standard Terms and Conditions Governing the Employment of Filipino
Seafarers on Board Ocean-Going Vessels (POEA-SEC) requiring him to report to the
petitioners within three (3) working days from his arrival for a post-employment
medical examination. He was only examined by the petitioners’ designated physician
on March 30, 2007 during the mandatory conference stage of the case.[11]
According to the petitioners, Margarito’s illness is not compensable based on the
medical report dated May 17, 2007 of Dr. Wilanie Romero Dacanay of the Marine
Medical Services of Metropolitan Medical Center stating that “Chronic Kidney Disease
secondary to Diabetic Nephropathy” is NOT work-related.[12] The petitioners further
averred that during initial evaluation by their physicians, Margarito claimed to have
been diagnosed with diabetes 6 years ago and has, since then, been taking 500 mg of
Metformin as maintenance medication.[13] Based thereon, the petitioners argued that
Margarito concealed his illness when he was subjected to a Pre-Employment
Medical Examination (PEME) hence disqualified from claiming disability benefits.
Pending the decision of the LA, Margarito died on September 11, 2007. His cause of
death was “CVA” or Cardiovascular Accident.[14]
Ruling of the LA
In a Decision[15] dated September 28, 2007, the LA found no merit in the respondents’
complaint for the reason that Margarito’s illness is not work-related, thus:
“WHEREFORE, premises considered judgment
DISMISSING this case for lack of merit.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57272
is
hereby
rendered
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