5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly Finally, respondents argue that petitioner is not entitled to salary for the unexpired portion of his contract because his repatriation was voluntary.[78] In his Reply,[79] petitioner rebuts that his voluntary repatriation was due to the events that happened onboard the vessel.[80] While he admits that he was not able to comply with the 3-day mandatory reportorial requirement, he points out that "mental incapacity itself makes it impossible for the seafarer to report to the respondent manning agency."[81] Petitioner states that his illness is of a peculiar nature which warrants the application of the exception to the 3-day mandatory reportorial requirement. Further, he claims that his illness "completely and thoroughly incapacitated him soon after thus preventing him from ever taking up work again as a mariner[.]"[82] He posits that his post-traumatic stress disorder is work-related as it was caused by the sexual harassment he experienced at the hands of his Chief Officer.[83] Petitioner cites Department of Health (DOH) Administrative Order 2007-0025 or the Revised Pre-Employment Medical Examination (PEME) Standards for Seafarers which includes a list of mental disorders that may render a seafarer "permanently unsuitable for seafaring duties."[84] Based on the parties' arguments, the main issue in this case is whether or not the Court of Appeals erred in ruling that the National Labor Relations Commission did not commit grave abuse of discretion in denying Toliongco's claim to disability benefits and damages. Subsumed under this are the issues of (.1) whether or not the 3-day rule on post-employment medical examination is mandatory; (2) whether or not Toliongco's post-traumatic stress disorder is work-related or work-aggravated; and (3) whether or not Toliongco is entitled to damages. The petition is partly granted. The Court of Appeals erred in ruling that Toliongco is not entitled to damages. While the Constitution provides for "full protection to labor,"[85] employers have the right to determine whether a seafarer's illness or injury is work-related or workaggravated. This is one of the reasons behind the 3-day reportorial requirement. The 2010 POEA Standard Employment Contract[86] defines "work-related illness" and "work-related injury" as: Definition of Terms: 16. Work-Related Illness — any sickness as a result of an occupational disease listed under Section 32-A of this Contract with the conditions set therein satisfied. 17. Work-Related Injury - injury arising out of and in the course of employment. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66544 8/25