5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly they are presumed furnished with a copy of the diagnosis made on Margarito in UAE. The strategic opportunity which the 3-day period grants to an employer within which to subject the seafarer to a post-employment medical examination was not sullied since the findings of the doctors in UAE were merely confirmed by the findings of the petitioners’ physicians in the Philippines when Margarito was finally examined by the latter on May 17, 2007. Certainly, the findings of Dr. Dacanay that Margarito was suffering from “Chronic Kidney Disease secondary to Diabetic Nephropathy” is merely confirmatory of the findings of the UAE doctors that he was afflicted with “Renal Insufficiency: Diabetes Mellitus.” Although couched in different medical terminologies, both findings carried the similar fundamental connotation that Margarito was afflicted with a kidney disease as a complication of his diabetes mellitus. Such similarity negated any misgivings that the work-relatedness of his illness could not be truthfully determined. Work-relatedness can be competently determined based either on the initial diagnosis in UAE or the medical report of petitioners’ physicians 253 days after Margarito’s medical repatriation. Except for the fact that “Chronic Kidney Disease secondary to Diabetic Nephropathy” is an aggravated version of “Renal Insufficiency: Diabetes Mellitus”, the basic connotation of both findings remained the same the entire 253 days that lapsed – Margarito is afflicted with a kidney disease as a complication of his diabetes mellitus. As such, the difficulty which the 3-day mandatory reporting rule seeks to prevent did not happen. Nevertheless, Margarito is disqualified from receiving compensation benefits for knowingly concealing his pre-existing illness of diabetes. Notwithstanding that his failure to report within 3-days is excusable, Margarito is still disqualified from receiving any compensation or benefits for his illness because he did not disclose during his PEME that he was suffering from diabetes. Section 20(E) of the POEA-SEC is clear on this matter, viz: SECTION 20. COMPENSATION AND BENEFITS xxxx E. 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. (Emphasis ours) The following portions of Dr. Dacanay’s medical report dated May 17, 2007 show that Margarito knowingly concealed his pre-existing illness of diabetes when he was elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57272 8/16