1/4/2021 E-Library - Information At Your Fingertips: Printer Friendly FIRST DIVISION [ G.R. No. 210955, August 14, 2019 ] DANILO A. LERONA, PETITIONER, VS. SEA POWER SHIPPING ENTERPRISES, INC. AND/OR NEDA MARITIME AGENCY CO., LTD., AND/OR MS. ANTONETTE A. GUERRERO, RESPONDENTS. DECISION JARDELEZA, J.: We deny the seafarer's claim for disability benefits due to fraudulent misrepresentation and medical abandonment, as provided under the 2000 Philippine Overseas Employment Administration Standard Terms and Conditions Governing the Employment of Filipino Seafarers on Board Ocean-Going Vessels (2000 POEA-SEC). On February 27, 2009, respondent Sea Power Shipping Enterprises, Inc. employed petitioner Danilo A. Lerona on behalf of respondent Neda Maritime Agency Co., Ltd. to work as a fitter on board M/V Penelope (the vessel) with a monthly salary of US$550.00. Petitioner's contract was for a period of three months, extendible for one month upon mutual consent of the parties.[1] Prior to his deployment, petitioner underwent pre-employment medical examination (PEME) where he was declared "FIT TO WORK AS SEAMAN." He boarded the vessel on March 6, 2009.[2] On August 1, 2009, he felt severe chest pains and dizziness, which prompted him to request for a medical checkup. He was brought to a hospital in China, but the doctor who examined him did not prescribe any medication or recommend hospitalization or repatriation.[3] Notwithstanding this, petitioner was repatriated to the Philippines on August 13, 2009. He was confined at the De Los Santos Medical Center the following day, and examined by respondents' team of accredited physicians.[4] In his initial medical report, Dr. Jose Emmanuel F. Gonzales (Dr. Gonzales), respondents' company-designated physician, stated that petitioner's chief complaint was body weakness. Petitioner disclosed that he had been hypertensive and is taking Norvasc tablet for two years. In consultation with a cardiologist, Dr. Gonzales declared that petitioner might have Coronary Arterial Disease for which pertinent laboratory and diagnostic examinations should be conducted.[5] Petitioner's laboratory tests showed that he had a high level of triglycerides, although his electrocardiogram (ECG) tracing had no significant findings. The cardiologist requested for petitioner to undergo Stress-Thallium Test to confirm the status and function of his heart's blood vessels before he can be given medical clearance.[6] The test revealed that petitioner has a mild reversible defect in the apical to basal inferior wall of his heart's blood vessels. His blood pressure was also 130/80. Consequently, he was given additional maintenance drugs on top of his previous oral anti-hypertensive https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65565 1/10

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