8/27/2020 E-Library - Information At Your Fingertips: Printer Friendly This is a case of 55 year old Bosun, who complained of pain on the lower back radiating to the right thigh on December 19, 2012 onboard sea vessel. x x x[38] Even petitioner's own doctor stated in his June 29, 2013 Medical Report that petitioner experienced gradual onset of low back pain after lifting heavy objects on December 19, 2012, thus: x x x The condition apparently started on 19 December 2012; while on board MV Orient as Bosun; the patient claimed that after discharging and loading procedures in China involving lifting heavy objects; he experienced gradual onset of low back pain. He self medicated with emollients which provided some relief and continued to work. Past Medical History revealed on August 2010; he experienced on and off lower back pain which was relieved by intake of Mefenamic Acid. The above condition increased in intensity prompting the patient [to] request for medical checkup while in China, but was advised by his superior to have it done in Manila. x x x[39] The totality of the foregoing evidence attached to the records convinces the Court that the CA was correct in ruling that petitioner was not involved in an accident. The Court gives more weight to the reports of the ship captain, company-designated physician, and petitioner's own doctor, all of which are silent on the fact that he slipped and fell. In fact, the reports of both doctors reveal that petitioner had been experiencing back pain since August 2010 and his back pain got worse on December 19, 2012, a few days before the end of his contract, when he was carrying heavy objects. Other than his allegation and the unnotarized statement of his companion, petitioner failed to present any evidence to support his claim that he met an accident on December 19, 2012. The Court's ruling in Island Overseas Transport Corp. v. Beja[40] applies as, similarly, the seafarer therein claimed that his knee injury was a result of an accident but failed to present evidence to support his allegation: We, however, note that Beja has not presented any proof of his allegation that he met an accident on board the vessel. There was no single evidence to show that Beja was injured due to an accident while doing his duties in the vessel. No accident report existed nor any medical report issued indicating that he met an accident while on board. Beja's claim was simply based on pure allegations. Yet, evidence was submitted by petitioners disputing Beja's allegation. The certifications by the Master of the vessel and Chief Engineer affirmed that Beja never met an accident on board nor was he injured while in the performance of his duties under their command. Beja did not dispute these certifications nor presented any contrary evidence. "It is an inflexible rule that a party alleging a critical fact must support his https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65520 8/14