1/5/2021
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him with Grade 12 disability, the same is not binding. He had the option of consulting a
second physician of his choice. His chosen physician found him to be unfit for sea
duties. In fact, as of October 24, 2013, he was still suffering from episodes of
palpitation and skip beats. Also, his constant exposure to stress is a known risk factor
of his illness. As he was cautioned not to expose himself to strenuous activities, hence,
he could no longer resume his sea duties. From the time he was medically repatriated,
he had not engaged in any occupation.
More, contrary to the Court of Appeals' ruling, referral to a third doctor is not
mandatory. In any case, the process of choosing and appointing a third doctor rests on
private respondents, not on him.
Private Respondents' Position[19]
Private respondents assert that petitioner's arguments are a mere rehash of the
matters already resolved by the Court of Appeals. Petitioner willfully concealed the fact
of his previous illness. When he was asked during his PEME whether he got hospitalized
due to or whether he was aware of any medical problems like hypertension and heart
disease, petitioner answered in the negative despite knowing full well that he had been
diagnosed with this illness and had in fact undergone coronary angiogram. For this, he
was even prescribed with certain medications which he took for one (1) year. It was
only when he got medically repatriated on May 26, 2013 that he essentially admitted to
the company-designated doctors his past diagnoses. Being a pre-existing condition,
therefore, petitioner's illness is non-compensable.
Petitioner cannot also fault them for not securing copies of his past medical records.
During the proceedings before the labor arbiter and the NLRC, they had repeatedly
requested the labor tribunals to require petitioner's doctors to submit the latter's
medical records. But the labor tribunals simply brushed aside their requests. In any
case, the company-designated doctors had stated under oath what petitioner had told
them regarding his past illness. Dr. Sy attested that petitioner showed her the result of
his angiogram but did not give her a copy thereof. Jurisprudence teaches that notarized
documents are accorded full faith and credence.
Petitioner cannot invoke the doctor-patient privileged communication rule. This rule
applies only to civil cases and not to labor cases. Also, the privileged communication
only pertains to those that would "blacken the reputation of the patient" which is not
the case here.
Further, petitioner should have demanded referral to a third doctor instead of
immediately filing the complaint below. As the Court of Appeals correctly held, referral
to a third doctor is mandatory.
More important, petitioner was not totally and permanently disabled. As proved by two
(2) Overseas Filipino Worker (OFW) Information from the POEA, petitioner was
subsequently engaged by TDG Crew Management Inc. in December 2016 and by
Seacrest Maritime Management Inc. in December 2017.[20]
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65965
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