5/19/2021
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On July 3, 2015, he experienced chills and suffered high fever. When his condition
worsened, he was admitted at the Chinese General Hospital. He developed septic shock
and was transferred to the intensive care unit. He was assessed as not fit to work. At
this time, Hechanova's wife requested for medical assistance from Interorient, who
asked for proof of Hechanova's medical conditions. After 26 days in the hospital,
Hechanova was discharged. He continued taking his medications and underwent
physical therapy. Having been denied medical assistance, Hechanova filed a complaint
for total and permanent disability benefits against Interorient.[6]
For its part, Interorient averred that Hechanova performed poorly on board, which
prompted his early repatriation. On his return to the Philippines, he reported to
Interorient's office for debriefing. An Offsigners Data Slip form was given to him to be
filled out. It contained questions on satisfaction of employment, complaints, unpaid
claims, and injuries or illnesses suffered during employment, among others. Hechanova
answered that he was satisfied with his employment, he had no unpaid claims, and he
did not suffer any illness or injury during his employment.[7]
Hechanova also filled out an employment application form, which consisted of questions
concerning health and injuries. He indicated that he did not have any illness or injury.
On June 30, 2015, he was issued a medical certificate stating that he was fit for sea
duty.[8]
Interorient confirmed that Hechanova's wife asked for medical assistance, but failed to
provide the requested medical documents. Thus, it had no basis to act on the request.
Interorient argued that the complaint for total disability benefits had no basis. To be
entitled to total disability benefits, the illness or injury must be work-related, and must
have been suffered during the seafarer's employment. None of these are present.
Hence, Interorient cannot be held liable for Hechanova's illness, which happened after
his employment was severed. Further, he did not comply with the 3-day post medical
examination by a company-designated physician to examine his condition. As a result,
he failed to prove his claim.[9]
The Labor Arbiter's Decision
On May 30, 2016, the Labor Arbiter (LA) rendered a decision in Interorient's favor. The
LA noted that Hechanova did not report anything unsatisfactory while working on
board. The forms that he filled out showed he did not suffer any illness or injury. Thus,
there is no reason for post- medical examination. Even if he did undergo such
examination, his claim would still fail because there is no basis that his illness was
work-related. Hechanova's doctor did not specify the cause of his sepsis and possible
osteitis of L3 vertebra. Hechanova failed to demonstrate the link between his duties as
master and his ailments.[10] Hence, Interorient's case prevailed.
The NLRC Decision
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66482
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