G.R. No. 178127
9 of 13
http://sc.judiciary.gov.ph/jurisprudence/2009/april2009/178127.htm
If respondent was indeed repatriated for medical reasons, he was, under the above-said
provision, required to undergo post-employment medical examination by a companydesignated physician within three working days from arrival. Contending that he complied
therewith, he invites attention to the written annotation Reported To Office May 17/00 on
the medical report from Gleneagles Maritime Medical Centre.
The provision requires respondent to submit himself to a post-medical employment
examination by a company designated physician within three working days from arrival or,
in respondents case, three working days after May 15, 2000, a Monday, when he arrived by
ship or not later than May 18, 2000. Respondent sought examination-treatment on May 17
[12]
June 30, 2000 from Dr. Romina Alpasan who appears to be a physician of his choice.
He only tried to look for a company-designated physician after treatment by Dr. Alpasan.
Clearly, he did not comply with the 3-day requirement to seek the services of a companydesignated physician for purposes of post-employment medical examination.
Respondent goes on to claim that he underwent treatment for Ischemic heart disease which
developed while employed by petitioners. Ischemic heart disease is a condition in which
fatty deposits (atheroma) accumulate in the cells lining the wall of the coronary arteries.
These fatty deposits build up gradually and irregularly, however, in the large branches of
the two main coronary arteries which encircle the heart and are the main source of its blood
supply. This process, called atherosclerosis, leads to narrowing or hardening of the blood
vessels supplying blood to the heart muscle (the coronary arteries) resulting in ischemia or the inability to provide adequate oxygen - to heart muscle and this can cause damage to
the heart muscle . Complete occlusion of the blood vessel leads to a heart attack.
Finally, respondent claims that in light of the opinion of the physician in Korea that he had
suspected ischemic heart, petitioners affirmed his medical repatriation. As reflected in the
immediately preceding paragraph, however, ischemic heart disease cannot develop in a
short span of time that respondent served as chief cook for petitioners. In fact, as indicated
above, the Gleneagles Maritime Medical Centre doctor who treated respondent in May
2000 for abscess in his left hand had noted respondents [h]istory of hypertension for 3
years. Moreover, the Korean physician did not make any recommendation as to
respondents bill of health for petitioners to assume that he was fit for repatriation.
1/27/2016 2:14 PM