Eduardo underwent another PEME, this time in relation to his application with the respondents in 1999 (or two years after PROBE’s test). The PEME was conducted by the respondents’ designated testing center – the Holy Angel Medical Clinic.40[40] Fortunately or unfortunately for Eduardo, this testing center did not require an AIDS clearance test, and he did not disclose that he had been tested HIV positive when he filled up the PEME form. In fact, he answered “No” to the question, “Has applicant suffered from, or been told he had, any of the following conditions: x x x 21) Sexually Transmitted Disease.”41[41] Thus, through a confluence of events – a testing center that for some reason did not test a prospective seaman for AIDS, and the seaman’s own failure to disclose his affliction – Eduardo was able to board the respondents’ vessel in March 1999 despite his HIV positive condition.   Records show that within a short two months after deployment with the respondents’ vessel, Eduardo was diagnosed to be suffering from, among others, advanced HIV. Dr. Patterson of the Touro Infirmary in New Orleans, where Eduardo was admitted in May 1999,42[42] mentioned in the Physician’s Discharge Summary that Eduardo’s AIDS was “under treatment”; and that the “[p]atient had a very stormy course related to his advanced HIV disease, which was discovered here, but which the patient knew about 18 months prior to admission.”43[43] Apparently, it was only at this point that the respondents came to fully know that Eduardo had AIDS.   The nature of HIV and AIDS negates the petitioners’ claim that the illnesses that caused Eduardo’s death were acquired during his employment on board the respondents’ vessel because he passed the company’s PEME. Three reasons, already touched upon in the discussions above, militate against this claim.   First, the respondents’ testing center did not test for HIV, and Eduardo did not disclose his HIV positive condition. Under these circumstances, a PEME cannot lead to the conclusion that Eduardo was HIV-free when he boarded the respondents’ vessel and acquired his HIV/AIDS only while on board the vessel. We have had occasion to recognize in the past that a PEME, in the way it is conducted in the maritime industry, is generally not exploratory in nature, nor is it a 40[40] Id. at 96. 41[41] Ibid. 42[42] Id. at 97. 43[43] Ibid.

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