5/19/2021
E-Library - Information At Your Fingertips: Printer Friendly
claiming
disability
benefits
on
account
of
fraudulent
misrepresentation arising from their concealment of a pre-existing
medical condition. This case is not an exception. For knowingly
concealing his hypertension during the PEME, petitioner committed
fraudulent misrepresentation which unconditionally bars his right to
receive any disability compensation from respondents. (Emphasis
supplied)
As in Lerona, petitioner's act of concealment, if not downright act of lying in his PEME,
could be construed as nothing than his intention to deceive respondents as regards his
true medical condition.
Notably, too, that petitioner never denied that he was previously diagnosed with and
treated for hypertension and diabetes. He simply reiterates that he did not conceal such
fact or that respondents could have easily discovered such illness during his PEME.
Petitioner's argument fails.
Lerona enunciated that passing a PEME is not and cannot excuse willful concealment.
Neither can it preclude rejection of disability claims. PEME is not exploratory and does
not allow the employer to discover any and all pre-existing medical condition with
which the seafarer is suffering and for which he may be presently taking medication.
The PEME is nothing more than a summary examination of the seafarer's physiological
condition; it merely determines whether one is "fit to work" at sea or "fit for sea
service" and it does not state the real state of health of an applicant. The "fit to work"
declaration in the PEME cannot be a conclusive proof to show that he was free from any
ailment prior to his deployment.[59]
For not disclosing his previous diagnoses and treatment for hypertension and diabetes,
petitioner is guilty of material concealment and is disqualified for any compensation and
benefits.
Second Issue
Not entitled to disability benefits
Even assuming that the elements of concealment and non-referral to a third doctor did
not exist here, the petition must still fail.
The 2010 POEA-SEC states:
xxx
xxx
xxx
SECTION 32 - A. OCCUPATIONAL DISEASES
For an occupational disease and the resulting disability or death to be
compensable, all of the following conditions must be satisfied:
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66467
10/17