5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly When Margarito’s medical condition worsened, he was brought to Las Piñas Doctor’s Hospital where he underwent a series of clinical and laboratory tests. Based on his 2D Echocardiography Results dated September 12, 2006, Margarito was found afflicted with “T/C RENAL INSUFFICIENCY, CORONARY ARTERY DISEASE.”[8] He was again hospitalized from December 18, 2006 to January 4, 2007 at the Manila Doctor’s Hospital. Based on the medical certificate issued by Dr. Elizabeth B. SalazarMontemayor dated January 17, 2007, Margarito was found to be suffering from “End Stage Renal Disease 2 Diabetic Nephropathy.” He was likewise diagnosed with a “Right Renal Cortical Cyst” on December 19, 2006. He thereafter underwent dialysis treatments three times a week and eventually became bedridden.[9] The respondents averred that the petitioners failed to provide any medical assistance the entire time that Margarito was undergoing medical treatments for an illness he acquired while in their employ.[10] For their part, the petitioners denied any liability for Margarito’s monetary claims. They asserted that he failed to comply with Section 20(B), paragraph (3) of the 2000 Amended Standard Terms and Conditions Governing the Employment of Filipino Seafarers on Board Ocean-Going Vessels (POEA-SEC) requiring him to report to the petitioners within three (3) working days from his arrival for a post-employment medical examination. He was only examined by the petitioners’ designated physician on March 30, 2007 during the mandatory conference stage of the case.[11] According to the petitioners, Margarito’s illness is not compensable based on the medical report dated May 17, 2007 of Dr. Wilanie Romero Dacanay of the Marine Medical Services of Metropolitan Medical Center stating that “Chronic Kidney Disease secondary to Diabetic Nephropathy” is NOT work-related.[12] The petitioners further averred that during initial evaluation by their physicians, Margarito claimed to have been diagnosed with diabetes 6 years ago and has, since then, been taking 500 mg of Metformin as maintenance medication.[13] Based thereon, the petitioners argued that Margarito concealed his illness when he was subjected to a Pre-Employment Medical Examination (PEME) hence disqualified from claiming disability benefits. Pending the decision of the LA, Margarito died on September 11, 2007. His cause of death was “CVA” or Cardiovascular Accident.[14] Ruling of the LA In a Decision[15] dated September 28, 2007, the LA found no merit in the respondents’ complaint for the reason that Margarito’s illness is not work-related, thus: “WHEREFORE, premises considered judgment DISMISSING this case for lack of merit. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57272 is hereby rendered 2/16

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