5/28/2020
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Respondent was declared fit to work after undergoing the mandatory Pre-Employment
Medical Examination (PEME). He commenced his duties as Able Seaman aboard M/V
Eagle Pioneer on February 23, 2005. Among respondent’s duties as Able Seaman are
the following:
a. Watch standers and may be required to supervise day work of junior
rating;
b. Stands watch at bow or on wing of bridge to look for obstructions in
path of vessel;
c. Measures depth of water in shallow or unfamiliar waters, using lead
line, and telephones or shouts information to bridge;
d. Steers ship by automatic/remote control or manual control and/or uses
emergency steering apparatus to steer vessel as directed by navigating
officer, chief mate or the ship captain;
e. Breaks out rigs, overhauls and stows cargo handling gears, stationary
rigging, and running gears;
f. Overhauls lifeboats, winch and falls;
g. Paints and chips rust on deck and superstructure of ship;
h. May be concerned only with one phase of duties such as:
1. Maintenance of ships’ gears and decks or watch duties;
2. May be known as skilled deckhand on various repairs and
maintenance works on deck;
3. Performs other deck works as required by superior officers.[6]
Sometime in August and September 2005, while aboard M/V Eagle Pioneer, respondent
experienced chest pains, fatigue, and shortness of breath. He was examined by a
physician in Gangyou Hospital in Tianjin, China, and was diagnosed as having
myocardial ischemia and coronary heart disease. He was declared unfit for duty and
was recommended for repatriation.[7]
Respondent was thus repatriated on September 18, 2005 and was immediately referred
to the company-designated physician, Dr. Nicomedes G. Cruz (Dr. Cruz). He was
subjected to laboratory, X-ray, 2D echo, and electrocardiogram tests, as well as 24hour Holter monitoring. In Dr. Cruz’s September 18, 2005 medical report,[8]
respondent was diagnosed with hypertension and myocardial ischemia.
Respondent was further examined by Dr. Cruz on September 21, 23 and 30, 2005;
October 6, 2005; February 2, 13 and 17, 2006; March 6 and 20, 2006; and on April 19,
2006.[9] From the February 2, 2006 medical report onward, it may be seen that
respondent was diagnosed with severe 3-vessel coronary artery disease, and was
scheduled for coronary artery bypass surgery on February 24, 2006.
On his own initiative, respondent underwent coronary angiogram at the St. Luke’s
Medical Center (St. Luke’s) on October 14, 2005. In a medical report[10] of even date
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