5/19/2021
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Status Maritime later disapproved the procedure and rejected Clemente's sickness
allowance claim.[8]
Clemente then consulted Dr. Misael Ticman (Dr. Ticman). After undergoing MRI,
Clemente was diagnosed with "Rotator cuff tear (Supraspinatus), left shoulder." Dr.
Ticman concluded that his condition is a permanent disability and declared him "unfit to
work" as a seafarer.[9]
On June 16, 2016, Clemente filed a complaint for permanent total disability before the
Labor Arbiter.[10] He claimed disability benefits amounting to US$60,000.00, as well as
P1,000,000.00 for moral damages, P200,000.00 for exemplary damages, and
attorney's fees.[11]
For its part, Status Maritime maintained that Clemente is not entitled to disability
benefits because he fraudulently concealed his history of shoulder dislocation.[12]
Status Maritime alleged that Clemente disclosed to his crewmates that he had shoulder
dislocations twice in the past. According to Ken Steven Lachica (Lachica), one of
Clemente's crewmates, he was playing billiards with Clemente when the latter asked for
help as he could not move his left shoulder. Jose Lancheta (Lancheta) also claimed that
when the therapist came to relocate Clemente's shoulder, he told him about having
shoulder dislocations even before boarding the vessel. Volkan Jose (Jose) likewise
testified that Clemente told him about his history of shoulder dislocation.[13]
Status Maritime further claimed that Clemente admitted it was his third episode of
shoulder dislocation when he was diagnosed by Dr. Ruben Raj Selvarajah (Dr.
Selvarajah) abroad. Hence, when Clemente was repatriated, Status Maritime
discontinued his treatment after discovering the fraudulent concealment. Moreover,
Status Maritime maintained that Clemente's injury is not work-related.[14]
The Labor Arbiter dismissed the complaint and ruled that Clemente is not entitled to
disability benefits.[15] The dispositive portion of the Decision reads:
WHEREFORE, premises considered, judgment is hereby
DISMISSING the complaint for disability benefits for lack of merit.
rendered
All other claims are likewise dismissed for lack of merit.
SO ORDERED.[16] (Emphasis in the original)
The Labor Arbiter found that Clemente's injury was not work-related because it was
acquired before the duration of the contract as evidenced by Clemente's medical
records which stated that he suffered the same injury twice—in June and July 2015.[17]
Moreover, the Labor Arbiter reasoned that Clemente failed to show how the nature of
his work aggravated or contributed to his injury. Even assuming that his injury is
compensable under POEA Standard Employment Contract, Clemente was still
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66521
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