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money for his airfare, as well as his living expenses while away from home. At any rate,
Hanseatic promised to reimburse his expenditures upon his arrival in Manila.
Certainly, it was in all of Antolino's best interests that he be present at the November 4,
2015 check-up. Not only would he have been informed of the true status of his injury,
but more importantly, the company-designated physician would have been able to
assess his condition and declare him fit to work.[37] Had such a declaration been made,
Antolino would have been able to resume his work as a seafarer.
However, Antolino did not attend the scheduled medical examination. Instead, he chose
to delay his appearance before the company-designated physician for almost three
months. When he arrived in Manila on January 22, 2016, he was told to sign a fit-towork document. By then, his failure to continue regularly reporting for medical
treatment could have impeded his recovery. Worse, the deterioration of his physical
condition, which normally occurs as one ages, could have served to aggravate his
injury.
At this point, the Court quotes with approval the NLRC's ruling on Antolino's
abandonment:
The records clearly established that [Antolino] knew that he had a scheduled
medical follow-up on November 4, 2015. [Antolino], however, failed to honor
his appointment. Several follow-up letters were sent to him by [Hanseatic]
on December 2, 2015 and December 28, 2015, requiring him to report and
later warning him about the forfeiture of his medical benefits in case of his
non-compliance. [Antolino] still failed to report despite receiving the notices.
[Antolino's] excuse that he had no money for airfare from Antique to Manila
and requested assistance from [Hanseatic] but was refused is too tenuous to
be believed. Other than his bare allegation, nothing was presented to
support his claim. Further, in [Hanseatic's] December 2, 2015 letter, they
already assured [Antolino] that they would cover his expenses, but still
[Antolino] never sent a word.
The [LA] held that [Antolino] did not abandon his medical treatment as in
fact he reported to the company doctor on January 22, 2016. We must
stress, however, that by that time, after almost three (3) months from the
scheduled consult, any deterioration in the medical condition of [Antolino]
would have been attributable to his own negligence.
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[I]t is the obligation of the seafarer to regularly report to the companydesignated doctor on the dates prescribed as much as it is the obligation of
the employer to provide medical attention. [Antolino's] failure to comply has
thus resulted in the forfeiture of his right to benefits.[38]
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66178
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