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medication. Thereafter, the cardiologist suggested a coronary angiogram to verify the
findings of the Stress-Thallium Test. [7] Results showed that petitioner was negative for
any vessel abnormality. He did not need any surgical intervention, just medical
treatment and modification of his lifestyle to address his hypertension.[8]
Significantly, in his Medical Report dated October 15, 2009, Dr. Gonzales stated that the
cardiologist cleared petitioner of Coronary Arterial Disease. Nevertheless, petitioner was
referred to an ear, nose and throat specialist because he was complaining of dizziness.
He later underwent Pure Tone Audiometry with Tympanometry, the result of which
revealed that he has mild sensori-neural hearing loss on both ears. No surgical
procedure was required but he was prescribed to take Vitamin B complex regularly.
Petitioner was placed under observation for another week prior to the issuance of a
medical clearance. He was required to come back for a follow-up checkup on October
23, 2009.[9] However, he did not show up. Consequently, Dr. Gonzales declared him to
have absconded.[10]
Unknown to respondents, petitioner consulted an independent physician on December
17, 2009. Dr. Efren R. Vicaldo (Dr. Vicaldo) of the Philippine Heart Center gave
petitioner the following diagnosis: Hypertensive Cardiovascular Disease, Angina
Pectoris, Impediment Grade VII (41.80%).[11] Dr. Vicaldo declared, among others,
that: (1) petitioner is permanently unfit to resume work as a seaman in any capacity;
(2) his illness is considered work aggravated/related; and (3) he is not expected to land
gainful employment given his medical background.[12]
On January 14, 2010, petitioner filed a complaint for recovery of disability benefits,
reimbursement of medical expenses and attorney's fees against respondents. During
the mandatory conference before the labor arbiter (LA), respondents manifested that
petitioner failed to report back to their company-designated physician for final
assessment. Thus, upon respondents' insistence, petitioner went back to Dr. Gonzales
on April 21, 2010, at which time he was declared "Fit to Resume Sea Duties."[13]
In his position paper, petitioner claimed that he is entitled to total and permanent
disability benefits because he was unable to work for more than 120 days as a result of
his illness.[14] For their part, respondents claimed that petitioner was declared fit for
sea duty by their company-designated physician, hence, he is not entitled to any
disability benefit. Further, petitioner failed to disclose that he has hypertension during
his PEME. The concealment of his pre-existing condition disqualifies him from any
compensation and benefit under Section 20(E) of the 2000 POEA-SEC. Also, the
findings of Dr. Gonzales should prevail over the declarations of Dr. Vicaldo, who only
examined petitioner once.[15]
On August 2, 2010, the LA rendered a Decision[16] ordering respondents to jointly and
severally pay petitioner permanent and total disability benefits in the amount of
US$60,000.00 and attorney's fees equivalent to 10% of the total monetary award.[17]
The LA held that Dr. Gonzales did not issue any disability rating/grading to petitioner
within the mandatory 120-day period. He declared petitioner "fit to resume sea duties"
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65565
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