5/28/2020
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by a company-designated physician.
Non-compliance with this mandatory
requirement results in the forfeiture of the
right to claim for compensation and
disability benefits.
It is undisputed that on May 7, 2002, Victor’s employment contract was completed. He
arrived in Manila on May 9, 2002; the following day, or on May 10, 2002, he reported to
the office of InterOrient. Although he averred that he informed InterOrient about the
pain he experienced while on board the vessel, the company allegedly only advised him
to consult a doctor but did not give any referral.
We are not persuaded by Victor’s contention. It must be stressed that his repatriation
was not due to any medical reasons but because his employment contract had already
expired. Other than his self-serving allegation that he experienced pain while on board,
he was not able to substantiate the same. There was no showing that he reported his
injury to his officers while on board the vessel; neither did he prove that he sought
medical attention but was refused. Likewise, other than his bare and self-serving
assertion that he informed InterOrient about his pain, he presented no evidence or
tangible proof that he indeed requested for medical attention, much more that he was
rebuffed.
On the contrary, the records show that when he reported to InterOrient immediately
after his repatriation, he signed a Receipt and Release stating that he has not
contracted or suffered any illness or injury from work and that he was discharged in
good and perfect health. Moreover, we are baffled why, if indeed Victor needed medical
services, he opted to consult several doctors other than the company-designated
physician. He offered no explanation for this.
“The rationale for the rule [on mandatory post-employment medical examination within
three days from repatriation by a company-designated physician] is that reporting the
illness or injury within three days from repatriation fairly makes it easier for a physician
to determine the cause of the illness or injury. Ascertaining the real cause of the illness
or injury beyond the period may prove difficult. To ignore the rule might set a
precedent with negative repercussions, like opening floodgates to a limitless number of
seafarers claiming disability benefits, or causing unfairness to the employer who would
have difficulty determining the cause of a claimant’s illness because of the passage of
time.
The employer would then have no protection against unrelated disability
claims.”[28]
In fine, we hold that Victor’s non-compliance with the three-day rule on postemployment medical examination is fatal to his cause. As a consequence, his right to
claim for compensation and disability benefits is forfeited. On this score alone, his
Complaint could have been dismissed outright.
Victor’s illness is not compensable.
Even if we disregard the mandatory three-day rule on post-employment medical
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