6/5/2020
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1. The Labor Arbiter dismissed the complaint of petitioner:
It is not disputed that [petitioner] completed his last contract with the
respondents and was discharged from the vessel on April 13, 2002. There is
no showing that prior thereto, the [petitioner] has sustained an injury or
suffered an illness during the term, of his contract which can be the basis for
a claim for disability benefits under the contract.
On the contrary, the Debriefing Questionnaire duly accomplished by
[petitioner] on April 16, 2002 contains his handwritten acknowledgement
that was "all ok during his contract incl. his health."
Moreover, in June-July 2002, the [petitioner] underwent a series of
examinations preparatory to deployment wherein he was declared fit to
work.
It must be stressed that under Section 20.B of the POEA Standard Contract,
the employer is liable for payment of disability benefits for work-related
sickness/injury sustained during the term of the contract only after the
degree/extent of injury has been assessed, and the corresponding
impediment grade is declared by the company-designated physician.
In this case, a disability assessment was not undertaken as the complainant
was declared fit to work by the respondents' designated physician to whom
the [petitioner] was referred, and that the declaration of fitness was issued
after [petitioner] has undergone a physical therapy program.
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[Petitioner] in this case was declared fit to work on July 23, 2002, after
being evaluated and treated by the company-designated physician.
In the absence of proof that the certification of fitness was irregularly
issued, or does not reflect the actual medical condition of the affected
seafarer, said certification must be upheld and given probative weight to
support the denial of the claim.
Accordingly, the declaration of fitness issued by the company-designated
physician negates [petitioner's] claim for disability benefits.
And, while [petitioner] may have presented a medical certificate to support
his claim for disability benefits, a perusal thereof fails to disclose the
declaration of disability that would render operative the provisions of the
POEA Standard Employment Contract.
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