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While a PEME may reveal enough for the petitioner (vessel) to decide
whether a seafarer is fit for overseas employment, it may not be relied upon
to inform petitioners of a seafarer’s true state of health. The PEME could not
have divulged respondent’s illness considering that the examinations were
not exploratory.[7]
Besides, it was not expressly stated in his medical diagnosis that his illness was
equivalent to a total and permanent disability. Absent any indication, the Court cannot
accommodate him.
WHEREFORE, the petition is DENIED.
SO ORDERED.
Velasco, Jr., (Chairperson), Brion,* Abad, and Perez,** JJ., concur.
* Designated as additional member in lieu of Associate Justice Diosdado M. Peralta, per
Special Order No. 1150 dated November 11, 2011.
** Designated as additional member in lieu of Associate Justice Estela M. Perlas-
Bernabe, per Special Order No. 1152 dated November 11, 2011.
[1] Rollo, pp. 54-73. Penned by Associate Justice Fernanda Lampas Peralta and
concurred in by Associate Justice Josefina Guevara-Salonga and Associate Justice
Edgardo F. Sundiam.
[2] Id. at 40-52.
[3] Id. at 179.
[4] G.R. No. 168210, June 17, 2008, 554 SCRA 590.
[5]
Magsaysay Maritime Corporation and/or Cruise Ships Catering and Services
International, N.V. v. National Labor Relations Commission, G.R. No. 186180, March
22, 2010, 616 SCRA 362.
[6] Rollo, p. 217.
[7]
Magsaysay Maritime Corporation and/or Cruise Ships Catering and Services
International, N.V. v. National Labor Relations Commission, supra note 5.
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