5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly disqualified from claiming disability benefits because he failed to disclose his medical history during the pre-employment medical examination.[18] Upon appeal, the National Labor Relations Commission affirmed the ruling of the Labor Arbiter, thus: WHEREFORE, premises considered, the appeal is denied for lack of merit. The assailed Decision of Labor Arbiter Norberto D. Enriquez dated October 12, 2016 is AFFIRMED. SO ORDERED.[19] (Emphasis in the original) Clemente appealed to the Court of Appeals, arguing that the National Labor Relations Commission committed grave abuse of discretion in rejecting his claim for disability benefits. He contended that Status Maritime cannot claim he was unfit to work prior to the contract when it had the opportunity to detect his shoulder injury but failed to do so.[20] The Court of Appeals upheld the ruling of the labor tribunals,[21] thus; WHEREFORE, premises considered, the petition is DISMISSED. The Decision dated 31 January 2017 and the Resolution dated 31 March 2017 of the National Labor Relations Commission in NLRC LAC No. (OFW-M) 01000075-17 are AFFIRMED. SO ORDERED.[22] (Emphasis in the original) It ruled that Clemente's willful concealment of his medical history disqualified him from claiming disability benefits pursuant to Section 20(E) of the POEA Standard Employment Contract.[23] The Court of Appeals found that when Clemente underwent pre-employment medical examination, he misrepresented that he was not aware that he was suffering from any illness. However, when he was diagnosed abroad, he admitted to Dr. Selvarajah that it was already his third time to sustain left shoulder dislocation and that two episodes occurred before he boarded the vessel.[24] This medical report was corroborated by Clemente's crewmates.[25] On the other hand, Clemente did not refute that he concealed his condition during his pre-employment medical examination and that he suffered shoulder dislocation prior to embarkation.[26] Moreover, the Court of Appeals ruled that even if Clemente did not conceal his medical history, he still cannot claim disability benefits because his injury was not work-related. [27] While his condition manifested onboard, Clemente failed to show the connection of his injury to the nature of his work as a fitter[28] Since Clemente failed to present substantial evidence that his work condition caused or aggravated his injury, the Court of Appeals ruled that the lower tribunals did not commit grave abuse of discretion in denying him disability benefits.[29] https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66521 3/19