9/15/21, 8:03 PM E-Library - Information At Your Fingertips: Printer Friendly Both the PVA and the CA found that while Jamias' umbilical hernia was medically resolved by the post-repatriation surgery, the seafarer's back ailment was never attended to, by the company-designated doctor. Jamias was indeed medically repatriated due to his umbilical hernia, but this does not mean that the postemployment medical assessment and treatment should be confined to this ailment. There is nothing in Section 20 (A) of the POEA-SEC, or the CBA that would suggest, not even remotely, that the medical attention to be extended to the seafarer must only pertain to the cause of repatriation. In this case, Jamias was seen by the company-designated physician on August 25, 2011, or one day after his arrival in Manila. On the same date, the company-designated doctor ordered a test "for MRI of lumbosacral spine."[30] To argue that the conduct of an MRI on that area of the spine is merely a routine test is cheap shot at evading an employer's obligations under the law. As correctly ruled by the CA, the only logical conclusion why the company­ designated doctor would specifically request for a lumbosacral MRI is that Jamias was already suffering from low back pains and he brought this to the attention of the attending physician. Clearly, any illness complained of, and/or diagnosed during the mandatory PEME under Section 20 (A) is deemed existing during the term of the seafarer's employment, and the employer is liable therefor. This is true, regardless of whether the existing illness was the immediate cause of a medical repatriation. Likewise, it matters not that there was no statement about Jamias' lower back pain in the ship captain's report, or in the records of the offshore hospital. Precisely, the law requires the conduct of a PEME within 3 days upon repatriation because offshore hospitals are mostly concerned with emergency medical situations, and rarely provide a comprehensive assessment of the seafarer's actual condition, or existing illnesses. It is also inconceivable why the employer, in this case, referred the seafarer to undergo a PEME if he still complains of, and is suffering from his back ailment. Relative to this, the Court stresses that the mandatory PEME under Section 20 (A) is not an empty ritual. Under the POEA-SEC, company-designated physician is primarily responsible to determine the disability grading or fitness to work of seafarers. Nonetheless, to be conclusive and binding, the medical assessment or report of the company-designated physician must be complete and definite for the purpose of ascertaining the degree of the seafarer's disability benefits. A final and definite disability assessment must truly reflect the extent of the sickness or injuries of the seafarer, and his, or her capacity to resume work as such. Failing which, the disability benefits awarded might not be commensurate with the prolonged effects of the injuries suffered by the seafarer.[31] Here, the company-designated physician only attended to Jamias' umbilical hernia. A surgery was performed to relieve him of his abdominal pain. However, the companydesignated physician completely ignored Jamias' lower back pain despite his own initial recommendation for the conduct of a lumbosacral MRI, and the subsequent finding that he indeed has back issues consisting of broad-based herniated disc. The issuance of a fit-to-work certification to Jamias, without first addressing, or without any definite declaration as to his back ailment, is an abdication of the company-designated doctor's https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/67077 8/12