6/14/2021
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Upon arrival in the Philippines, Amadeo immediately reported to North Sea, which
referred him to the company-designated clinic, Transglobal Health System, Inc. He was
further referred to the company-designated physician at the Chinese General Hospital,
who diagnosed him with Multiple Myeloma, a type of cancer of the blood.[10]
When he inquired from the company-designated physician if he can still return to his
usual work on board the cruise ship, the doctor merely referred him back to North Sea.
Amadeo later on learned that North Sea already discontinued his treatment. When he
asked for copies of his medical reports, he was denied and was told that the same were
confidential. However, a copy of his final medical assessment was lying on the table of
the company-designated physician and Amadeo took a snapshot of the same. The
company-designated physician did not prohibit him from taking a picture of the
assessment, which indicated that he is suffering from a Grade 1 Disability.[11]
Due to North Sea's refusal to provide him a copy of the medical report, Amadeo
consulted an independent physician, who, after a series of tests, declared him to be
suffering from Multiple Myeloma. He was declared unfit for sea service by the
independent physician.[12]
On September 8, 2016, Amadeo sent a letter[13] to respondents informing them of the
findings of the independent physician and requested for a third medical opinion.[14]
When his request remained unheeded, Amadeo requested for a grievance proceeding
reiterating his request for copies of his medical records and referral to a third doctor.
[15] However, no settlement was arrived at during the mediation and conciliation
proceedings. Thus the parties agreed to submit the matter for Voluntary Arbitration in
accordance with the company's Collection and Bargaining Agreement (CBA).[16]
The Ruling of the Panel of VAs
The Panel of VAs dismissed the complaint for lack of merit. They upheld the medical
findings of the company-designated physician that the illness is not work-related.
Although Amadeo alleged that he was able to take a snapshot of the medical report of
the company-designated physician, the Panel of VAs observed that the report failed to
indicate the diagnosis of Amadeo's illness and is not clear if the illness was categorized
as disability Grade 1 nor did it indicate the date of issuance. The counsel for Amadeo
only submitted the medical report of the independent physician only after the death of
Amadeo without interposing any justifiable reason for the delay in the submission
thereof. As such, the Panel of VAs did not lend credence to the report of the
independent physician and relied on the medical report of the company-designated
physician, which indicated the medical procedures and examinations conducted on
Amadeo and the diagnosis of Multiple Myeloma, which was declared as not workrelated.[17]
However, for the sake of social and compassionate justice, the Panel of VAs awarded
petitioners a financial assistance in the amount of US$20,000.00.[18]
The Ruling of the CA
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66644
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