5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly To recapitulate, a seafarer claiming disability benefits is required to submit himself to a post-employment medical examination by a companydesignated physician within three (3) working days from repatriation. Failure to comply with such requirement results in the forfeiture of the seafarer's claim for disability benefits. There are, however, exceptions to the rule: (1) when the seafarer is incapacitated to report to the employer upon his repatriation; and (2) when the employer inadvertently or deliberately refused to submit the seafarer to a post-employment medical examination by a company-designated physician.[89] Ebuenga v. Southfield Agencies[90] explained the rationale for the 3-day reportorial requirement: The 3-day mandatory reporting requirement must be strictly observed since within 3 days from repatriation, it would be fairly manageable for the physician to identify whether the disease. . . was contracted during the term of his employment or that his working conditions increased the risk of contracting the ailment. ... Moreover, the post-employment medical examination within 3 days from . . . arrival is required in order to ascertain [the seafarer's] physical condition, since to ignore the rule would set a precedent with negative repercussions because it would open the floodgates to a limitless number of seafarers claiming disability benefits. It would certainly be unfair to the employer who would have difficulty determining the cause of a claimant's illness considering the passage of time. In such a case, the employers would have no protection against unrelated disability claims.[91] This Court also stated in Ebuenga that post-employment medical examination "is a reciprocal obligation where the seafarer is obliged to submit to an examination within three (3) working days from his or her arrival, and the employer is correspondingly obliged to conduct a meaningful and timely examination of the seafarer."[92] However, some illnesses may take more than three (3) days before its symptoms manifest. There are also illnesses that are asymptomatic. Thus, the application of the 3-day reportorial requirement must also be viewed on a case-to-case basis, depending on the type of illness or disease. For instance, petitioner's alleged illness involves mental health. Mental health disorders are not normally detected in laboratory tests that we are accustomed to such as blood extraction. The diagnosis of mental health disorders usually involve an interview with a psychiatrist and the conduct of tests like the Rorschach, Thematic Apperception Test, and Minnesota Multiphasic Personality Inventory.[93] Petitioner cited the DOH Order No. 2007-0025 (DOH AO No. 2007-0025).[94] One of https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66544 10/25