6/14/2021 E-Library - Information At Your Fingertips: Printer Friendly agreement, if any, and the employment agreement between the seafarer and the employer are pertinent. Section 20, paragraph E of the POEA-SEC clearly provides that "[a] seafarer who knowingly conceals a pre-existing illness or condition in the PreEmployment Medical Examination (PEME) shall be liable for misrepresentation and shall be disqualified from any compensation and benefits, x x x" The rule seeks to penalize seafarers who conceal information to pass the preemployment medical examination. It even makes such concealment a just cause for termination. Under the 2010 POEA-SEC, there is a"'pre-existing illness or condition" if prior to the processing of the POEA contract, any of the following is present: (a) the advice of a medical doctor on treatment was given for such continuing illness or condition; or (b) the seafarer has been diagnosed and has knowledge of such illness or condition but failed to disclose it during the pre-employment medical examination, and such cannot be diagnosed during such examination.[16] Here, Utanes' September 18, 2014 PEME indicated that he was not suffering from any medical condition likely to be aggravated by service at sea or which may render him unfit for sea service. His medical history likewise did not show that he had heart disease/vascular/chest pain, high blood pressure, or that he underwent treatment for any ailment and was taking any medication. Notably, he signed the PEME acknowledging that he had read and understood and was informed of the contents of the medical certificate. On the other hand, the company-designated doctor's medical report, dated September 17, 2015, stated that Utanes disclosed that he has a history of coronary artery disease for which he underwent percutaneous coronary intervention of the left anterior descending artery in 2009. Evidently, Utanes obscured his pre-existing cardiac ailment. This concealment disqualifies him from disability benefits notwithstanding the medical attention extended by the company-appointed physicians upon his repatriation. It is immaterial that Utanes' misrepresentation was discovered during the course of his treatment with the company-appointed doctors. That medical attention was extended by the company-appointed physicians cannot cancel out his deception. In Manansala v. Marlow Navigation Phils., Inc., et al.}1 the seafarer's concealment was revealed beyond the 120-day treatment period, after the issuance of a final assessment by the company-designated physicians, and even after a claim for benefits was filed. Nonetheless, the Court declared that the seafarer is not entitled to disability benefits because of concealment. Also, in Status Maritime Corporation, et al. v. Sps. Delalamon and Ayungo v. Beamko Shipmanagement Corp., et al.,[19]the Court ruled against the seafarers, whose concealment were found out while being treated by company doctors. More so, in Philman Marine Agency, Inc., et al. v. Cabanban,[20] the Court did not award disability benefits to a seaman whose concealment was discovered as early as his examination at the port of his assignment and prior to repatriation. Time and again, it has been ruled that a PEME is generally not exploratory in nature, nor is it a totally in-depth and thorough examination of an applicant's medical condition.[21] It does not reveal the real state of health of an applicant, and does not allow the employer to discover any and all pre­existing medical condition with which the seafarer is suffering and for which he may be taking medication.[22] The PEME is https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66745 3/9

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