4/9/2020 E-Library - Information At Your Fingertips: Printer Friendly On July 27, 1999, while waiting for the referral and with his condition worsening, Serna visited the University of Perpetual Health Medical Center (UPHMC). Dr. Cynthia V. HaliliManabat diagnosed him to be suffering from toxic goiter, and attended to him from July 27 to August 25, 1999. On August 3, 1999, Serna received instructions from Career Phils. for him to report to the Seaman’s Hospital for a pre-employment medical examination on August 5, 1999. The hospital’s company-designated physicians diagnosed him with atrial fibrillation and declared him unfit to work. In the meantime, he continued with his medical treatment at the UPHMC. A second personal physician, Dr. Edilberto C. Torres, concurred with the toxic goiter diagnosis. Not fully aware of his rights, Serna sought legal assistance only in March 2001. On April 3, 2001, his counsel sent Career Phils. a written demand for the payment of disability benefits. Denial of the demand prompted him to file a complaint for disability benefits and damages on June 5, 2001. On June 16, 2001, Serna underwent a medical examination at Supra Care Medical Specialists. Dr. Jocelyn Myra R. Caja stated that he has had a history of goiter with thyrotoxicosis since 1999, and further diagnosed him with thyrotoxic heart disease, chronic atrial fibrillation, and hypertensive cardiovascular disease. She gave him a disability rating of Grade 3 which under the parties’ collective bargaining agreement (CBA)[6] – is classified as permanent medical unfitness that entitles the covered seafarer to a 100% compensation. The Labor Arbitration Rulings Serna alleged before the labor arbiter that he acquired his illness during his employment with the petitioners, and that the illness was work-related, considering the toxic chemicals regularly transported by the petitioners’ tankers. He sought disability benefits pursuant to the Philippine Overseas Employment Administration Standard Employment Contract Governing the Employment of Filipino Seafarers on Board OceanGoing Vessels (POEA-SEC) and the CBA that the petitioners had executed with TCCCAmosup.[7] The petitioners denied any liability. They emphasized that Serna’s repatriation was due to a finished contract; that he performed all his duties under this contract without complaint of any illness; and that the M/V Hyde Park logbook did not contain any record that he had suffered or complained of any injury or illness on board the vessel. They presented the Discharge Receipt and Release of Claim he had executed to allegedly release them from all liabilities. They claimed that Serna failed to submit himself to a post-employment medical examination by a company-designated physician within three (3) working days from his return, contrary to the terms of the POEA-SEC. They added that in August 1999, Serna sought re-employment but had to be turned away as they had no vacancies. Eventually, on February 15, 2001, Serna tendered them a resignation letter, which the petitioners presented, wherein he asked for his personal documents with the petitioners as he would be seeking employment elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55380 2/13