4/29/2020
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SECTION 20. COMPENSATION AND BENEFITS
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E. A seafarer who knowingly conceals and does not disclose past
medical condition, disability and history in the pre-employment medical
examination constitutes fraudulent misrepresentation and shall
disqualify him from any compensation and benefits. This may also be a
valid ground for termination of employment and imposition of the appropriate
administrative and legal sanctions. [emphasis ours]
We need not belabor this point as a plain reading of the above provision shows that the
seafarer’s concealment of a pre-existing medical condition disqualifies him from claiming
disability benefits. We note that Dr. Ranjan of the Fujairah Port Clinic stated in his report
that Armando was a “known case of HT, on atenolol 50 mg OD [for five years].” The
import of this statement cannot be disregarded as it directly points to Armando’s
willful concealment; it also shows that Armando did not acquire hypertension
during his employment and is therefore not work-related.
Contrary to Armando’s contention, the PEME is not sufficiently exhaustive so as to excuse
his non-disclosure of his pre-existing hypertension. The PEME is not exploratory[55] and
does not allow the employer to discover any and all pre-existing medical condition with
which the seafarer is suffering and for which he may be presently taking medication. The
PEME is nothing more than a summary examination of the seafarer’s physiological
condition and is just enough for the employer to determine his fitness for the nature of the
work for which he is to be employed.[56]
In Escarcha v. Leonis Navigation Co., Inc.,[57] we brushed aside the seafarer’s claim that
he acquired his illness during his employment simply because he passed the PEME. There,
we held that “a PEME x x x is generally not exploratory in nature, nor is it a totally in-depth
and thorough examination of an applicant’s medical condition. x x x [I]t does not reveal
the real state of health of an applicant”[58] In this case, considering that the PEME is not
exploratory, its failure to reveal or uncover Armando’s hypertension cannot therefore shield
him from the consequences of his willful concealment of this information and preclude the
petitioners from denying his claim on the ground of concealment.
Finally, if indeed Armando had been suffering from obesity, hyperlipidemia and alcoholism
as found by Dr. Ranjan’s final diagnosis, he was suffering from infirmities that are not listed
as occupational diseases under Section 32-A of the POEA-SEC and for which disability may
be awarded. While we are aware of the provisions of Section 20-B, paragraph 4 which
presumes any other illness not included under Section 32-A as work-related, still Armando
has to prove that his illnesses are work-related and that they occurred during the term of
the employment.[59] He cannot simply argue that the petitioners bear the burden of
rebutting the presumption.
More than all these, plain logic dictates that mere work in a ship, in Armando’s case as 2nd
mate, does not necessarily lead to the imputed medical conditions. Obesity is “excess body
weight, defined as a body mass index (BMI) of = 30 kg/m2,”[60] ultimately resulting from a
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11/17