6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly stable at present," which did not amount to an assessment of his fitness for work; that his illness persisted and had not been cured; that the Certification of Fitness for Work he signed was void as it was a general waiver, and he was cajoled into signing it under the false hope that he would be re-employed by Career, and for the reason that he could not make a competent finding or declaration of his own state of health since he was not a doctor; that based on Dellosa's findings, he was deemed unfit to work as a seaman, and thus entitled to disability benefits, sickness allowance, and other benefits; and that he should be entitled to moral and exemplary damages and attorney's fees for the treatment he received from his employers, and for the latter's malice and bad faith in evading their liabilities. Thus, Godinez prayed that Career, Columbian and Carmelino be held solidarity liable for the following: 1. To pay disability grading equivalent to Grade 1 of the POEA SEC and based on Amosup ITF-TCC Agreement or US$60,000.00[;] 2. To pay 120 days sickness allowance equivalent to US$1,000.00[;] 3. To pay medical and hospital expenses in the total amount of Php70,475.90[;] 4. To pay moral damages in the amount of US$10,000 and exemplary damages in the amount of US$10,000[;] 5. To pay attorney's fees equivalent to 10% of the total award[;] 6. Other relief just and equitable under the premises, are also prayed for. [22] In their joint Position Paper,[23] Career, Columbian, and Carmelino argued that Godinez should have filed his case before the Voluntary Arbitrator as it involved a dispute regarding a collective bargaining agreement and the interpretation of the POEAStandard Employment Contract; that his illness is not compensable and work-related, since bipolar disorder is "chiefly rooted in gene defects" and in heredity; therefore, he could not have contracted bipolar disorder during his employment on board Columbian's vessel, and his work did not expose him to any risk of contracting the illness; that he was nonetheless declared fit to work, and he did not dispute this, as he, in fact, executed a Certificate of Fitness for Work; that Godinez's failure to declare in his pre-employment medical examination that he previously suffered from insomnia and paranoia amounted to fraudulent concealment under Section 20(E) of the POEA contract which states that "a seafarer who knowingly conceals and does not disclose past medical condition, disability and history in the pre-employment medical examination constitutes fraudulent misrepresentation and shall disqualify him from any compensation and benefits. This may also be a valid ground for termination of employment and imposition of the appropriate administrative and legal sanctions;" that Godinez has been paid his illness allowance; and that for lack of merit, Godinez is not entitled to his claim of damages and attorney's fees. Thus, they prayed for dismissal of the case. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63469 7/31