6/5/2020
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Unfortunately, as earlier mentioned, the alleged Medical Report dated March
27, 2009 of the company-designated physician is not on record. Although
this is not attached, the complainant nonetheless admits that upon his
arrival in the Philippines on March 22, 2009, he underwent a series of
medical examinations by the company-designated physician. But he himself
did not submit any document on the results of those tests.
The complainant however submitted a document dated May 30, 2009
executed by his own independent doctor, Eduardo T. Buan, Angiographer of
the Invasive Cardiology Division, Philippine Heart Center. He also submitted
a Cardiac Catheterization Laboratory Report dated July 6, 2009 issued by
Drs. Dee/Delos Reyes/Albacite/Regamit with these recommendations: "Dual
Antiplatelets, Maxize [sic] Medical management".
A careful scrutiny of complainant's Annexes "E-l" and "E-2" (CPP) bear no
date when they were issued by the Philippine General Hospital. They
however state complainant's "Condition on Discharge - Improved,
Ambulatory".
It is noted that this complaint was filed on July 27,2009. On September 25,
2009, or about two (2) months thereafter, Dr. Efren R. Vicaldo, in his Medical
Certificate, states that complainant was confined September 25, 2009 with
the following diagnosis:
"Hypertensive cardiovascular disease
percutaneous coronary intervention"
Coronary
artery
disease
S/P
And in Dr. Vicaldo's Medical Evaluation of Patient/Seaman dated September
2009, he did not state any Grading for which complainant should be
compensated/ entitled. Besides, complainant consulted the said doctor just
once.
The ruling in the case of Crystal Shipping, Inc. vs. Natividad (Supra) does
not apply in this case. In that case, the company-designated physician and
the respondent physician, although they differ in their assessment of the
degree of respondent's disability, both found that respondent was unfit for
sea-duty. In the present case, the facts differ. Neither is the ruling on the
case of HFS Philippines, Inc. et al. vs. Ronaldo R. Pilar applicable herein for
the same reason - the facts differ in these cases.
It is also noted that complainant went to seek the medical opinion of Dr.
Vicaldo after he had filed this case and after the lapse of One Hundred
Twenty (120) days.
Much as this Labor tribunal looks tenderly on the laborer, there are legal
parameters that limit our resolution on cases of this nature. There are
rulings favoring the seafarer; there are also those not in their favor. The
particular facts of the case and the evidence adduced by the parties had
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61296
4/20