5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly The CA rejected the NLRC’s decision upon finding that Libang’s disability was based solely on a medical certificate issued by Dr. Vicaldo. There was, however, no dispute that Libang suffered from hypertension, diabetes mellitus type 2 and small pontine infarct, as this was indicated in the medical certificates that were issued by the company-designated physician, Dr. Lim, on August 2, 2003[38] and August 13, 2003. [39] In his affidavit dated July 16, 2004, Dr. Lim again confirmed that Libang was diagnosed to have hypertension, right middle cerebral artery infarct vs. brainstem infarct and diabetes mellitus 2. Libang was even said to be under his medical care and treatment from April 10, 2003 to January 5, 2004.[40] In none of these issuances, however, did Dr. Lim indicate a complete evaluation of Libang’s illnesses and an assessment of his disability or fitness to work. Rather than making a full assessment of Libang’s health condition, disability or fitness, Dr. Lim only reasoned in his medical certificate dated August 13, 2003 that “[Libang’s] hypertension could be pre-existing” and that “it [was] difficult to say whether [his diabetes mellitus and small pontine infarct] are pre-existing or not.”[41] His assessment was evidently uncertain and the extent of his examination for a proper medical diagnosis was incomplete. The alleged concealment by Libang of his hypertension during his pre-employment medical examination was also unsubstantiated, but was a mere hearsay purportedly relayed to Dr. Lim by one Dr. Aileen Corbilla, his co-attending physician.[42] A categorical statement from Dr. Lim that Libang’s illnesses were preexisting and non-work-related was made only in his affidavit dated July 16, 2004, or after the subject labor complaint had been filed. Still, Dr. Lim gave no explanation for his statement that Libang’s illnesses were not work-related. Section 20(B) of the POEA-SEC provides: B. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS The liabilities of the employer when the seafarer suffers work-related injury or illness during the term of his contract are as follows: xxxx 3. Upon sign-off from the vessel for medical treatment, the seafarer is entitled to sickness allowance equivalent to his basic wage until he is declared fit to work or the degree of permanent disability has been assessed by the company-designated physician but in no case shall this period exceed one hundred twenty (120) days. For this purpose, the seafarer shall submit himself to a postemployment medical examination by a company-designated physician within three working days upon his return except when he is physically incapacitated to do so, in which case, a written notice to the agency within the same period is deemed as compliance. Failure of the seafarer to comply with the mandatory reporting requirement shall result in his forfeiture of the right to claim the above benefits. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57645 8/13