5/19/2021
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day reportorial requirement.[68]
Petitioner also insists that the PTSD was work related as it resulted from the sexual
harassment he experienced while working as a Messman. He claims "the sexual
harassments that occurred that night of 27 June 2014, not once, but twice, and the
threats to his life took a severe toll on [his] mental health and sanity."[69] Hence, it
cannot be denied that "he was disabled in the course of employment."[70]
To support his arguments, petitioner cites the online medical journal of the National
Institute of Mental Health:
When in danger, it's natural to feel afraid. This fear triggers many splitsecond changes in the body to prepare to defend against the danger or to
avoid it. This 'fight-or-flight' response is a healthy reaction meant to protect
a person from harm. But in post-traumatic stress disorder (PTSD), this
reaction is changed or damaged. People who have PTSD may feel stressed
or frightened even when they're no longer in danger. PTSD develops after a
terrifying ordeal that involved physical harm or the threat of physical harm.
The person who develops PTSD may have been the one who was harmed,
the harm may have happened to a loved one, or the person may have
witnessed a harmful event that happened to loved ones or strangers.[71]
He also cites Mayo Clinic:
Post-traumatic stress disorder symptoms may start within three months of a
traumatic event, but sometimes symptoms may not appear until years after
the event. These symptoms cause significant problems in social or work
situations and in relationships.[72]
Petitioner reiterates that because of the state of his mental health, he "can no longer
return to his former work as seafarer."[73] Therefore, he is entitled to permanent and
total disability benefits.[74]
On the other hand, respondents counter that petitioner actually opted for voluntary
repatriation because he wanted to take care of his mother, who was scheduled for
surgery.[75]
According to respondents, petitioner was neither repatriated for medical reasons nor
did he develop any illness while onboard M/V Mineral Water. They claim that petitioner
did not even request for any post-employment medical examination upon repatriation
or comply with the 3-day reportorial requirement.[76]
Respondents highlight that petitioner's medical certificates were issued five (5) months
after he was repatriated. They claim that petitioner also did not present "any receipts of
hospitalization, medicines, laboratories or doctor's professional fees or consultation
fees" from the time he was repatriated until the date of his consultation with Dr.
Dellosa.[77]
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