FACTS:

Joey Rontos Clemente (Clemente) worked as a fitter for Status Maritime Corporation. He underwent a pre-employment medical examination and was declared fit for work. However, he sustained a shoulder injury while lifting a heavy object and was diagnosed with recurrent left shoulder dislocation. Clemente reported the injury to Status Maritime, but his sickness allowance claim was rejected. Clemente sought a second opinion from Dr. Misael Ticman, who declared him unfit to work and permanently disabled.

Clemente filed a complaint for permanent total disability benefits, but the Labor Arbiter dismissed the complaint on the grounds that the injury was not work-related and Clemente failed to disclose his medical history. The National Labor Relations Commission and the Court of Appeals both affirmed the decision, stating that Clemente's willful concealment of his medical history disqualified him from claiming disability benefits.

Clemente filed a Petition for Review, arguing that he did not willfully conceal his medical condition and his shoulder injury should have been detected during the pre-employment medical examination. He also questioned the reliance on the findings of a foreign physician and the lack of diagnosis by a company-designated physician. Clemente claimed that the failure to make a personal determination by a company-designated physician rendered the assessment invalid. He further contended that the failure of a company-designated physician to give a definite medical finding after the set period under the POEA Standard Employment Contract rendered the disability permanent and total.

The employer, Status Maritime, argued that Clemente was guilty of medical concealment, exempting them from any obligation for the subsequent injury. They also claimed that Clemente did not establish that his injury was work-related and that they were not liable for damages and attorney's fees.

The main issue in this case was whether or not Clemente was entitled to permanent and total disability benefits. The POEA Standard Employment Contract stipulates that the employer is liable for compensation and benefits in cases of work-related injuries or illnesses during the employment period. The employer is obligated to pay the seafarer's wages, cover medical treatment costs, and provide sickness allowance. The seafarer must undergo a post-employment medical examination by the company-appointed physician, and failure to comply with this requirement may result in forfeiture of benefits. If the seafarer disagrees with the assessment, a third doctor may be consulted.

In this case, Clemente sought disability benefits, but Status Maritime argued that they had already paid his full entitlement and he was disqualified from further claims due to alleged fraudulent concealment of additional injuries.

ISSUES:

1. Whether the seafarer complied with the mandatory reporting requirement to the company-designated physician upon his return from work.

2. Whether the company-designated physician's declaration that the seafarer is fit to work is valid.

3. Whether the seafarer can rely on the medical findings of his chosen physician when the employer refuses to comply with its obligation to have the seafarer examined.

4. Whether the assessment of the foreign doctor can be considered compliance with the requirement for a post-employment medical examination by a company-designated physician.

5. Whether the evaluation of the chosen physician is binding between the parties in the absence of a post-employment medical examination.

6. Whether the seafarer's concealment of a pre-existing medical condition disqualifies him from claiming disability benefits.

7. Whether the pre-employment medical examination can excuse the seafarer from disclosing his pre-existing medical condition.

8. Whether petitioner's failure to disclose his medical history during the pre-employment medical examination precludes respondents from rejecting his compensation claim.

9. Whether the affidavits of petitioner's co-workers, which were unverified, should be given credence.

RULING:

1. The seafarer failed to comply with the mandatory reporting requirement to the company-designated physician upon his return from work. The seafarer is required to report to the company-designated physician within three working days upon his return, except when physically incapacitated, in which case a written notice to the agency is deemed compliance. Failure to comply with the reporting requirement results in forfeiture of the right to claim benefits.

2. The company-designated physician's declaration that the seafarer is fit to work is valid. A temporary total disability only becomes permanent when declared by the company physician within the allowed periods or upon the expiration of the maximum 240-day medical treatment period without a declaration. In this case, the company-designated doctor declared the seafarer fit to work within the extended 240-day period, rendering any further discussion of permanent disability unnecessary.

3. When the employer refuses to comply with the obligation to have the seafarer examined, the seafarer may rely on the medical findings of his chosen physician. This allows the seafarer to seek proper disability benefits when the employer fails to fulfill its obligation to conduct a meaningful and timely examination.

4. The assessment of the foreign doctor cannot be considered compliance with the requirement for a post-employment medical examination by a company-designated physician. The law mandates that the company-designated physician should be the one to diagnose the seafarer upon repatriation, and the assessment should be thorough, final, and definitive. The assessment of the foreign doctor in this case was only for urgent medical care and did not conduct tests to arrive at a proper diagnosis. Furthermore, the doctor's report explicitly stated that it was not meant for any legal proceedings and did not support any compensation claim.

5. In the absence of a post-employment medical examination by a company-designated physician, the evaluation of the chosen physician is considered binding between the parties. The refusal of the respondents to submit the seafarer to a medical examination is a violation of their responsibility under the POEA Standard Employment Contract. Therefore, the permanent disability rating of the chosen physician stands.

6. Yes, the seafarer's concealment of a pre-existing medical condition disqualifies him from claiming disability benefits. The burden is on the employer to prove such concealment of a pre-existing illness or condition on the part of the seafarer to be discharged from any liability. The seafarer's failure to disclose his pre-existing medical condition disqualifies him from claiming disability benefits under Section 20 (E) of the POEA Standard Employment Contract.

7. No, the pre-employment medical examination cannot excuse the seafarer from disclosing his pre-existing medical condition. The pre-employment medical examination is not sufficiently exhaustive to excuse non-disclosure of pre-existing medical conditions. It only determines the seafarer's fitness for the nature of the work and does not allow the employer to discover all pre-existing medical conditions that the seafarer may have. The "fit to work" declaration in the pre-employment medical examination does not conclusively prove that the seafarer was free from any ailment prior to deployment.

8. The court rejected petitioner's argument, stating that he knowingly concealed his history of shoulder dislocation from the respondents. The court held that the non-disclosure of this fact during the pre-employment medical examination is sufficient ground for the rejection of petitioner's compensation claim. The court emphasized that employers are not burdened to discover any pre-existing medical condition of the seafarer during the examination.

9. The court held that labor tribunals are not bound by technical rules of evidence and may use all reasonable means to ascertain the facts of the case. Therefore, the unverified affidavits of petitioner's co-workers may be accepted as evidence.

PRINCIPLES:

• The periods prescribed under the POEA Standard Employment Contract for reporting to the company-designated physician are mandatory and must be strictly observed. This is to protect employers from unscrupulous claims and to allow for timely assessment of the seafarer's physical condition.

• The conduct of the post-employment medical examination is a reciprocal obligation shared by the seafarer and the employer.

• The assessment or findings of the company-designated physician must be complete and definite to provide the proper disability benefits to seafarers.

• When the employer refuses to comply with its obligation to have the seafarer examined, the seafarer may rely on the medical findings of his chosen physician to determine disability benefits.

• The company-designated physician should conduct a thorough, final, and definitive assessment of the seafarer's medical condition upon repatriation.

• The evaluation of the chosen physician is binding between the parties in the absence of a post-employment medical examination by a company-designated physician.

• A seafarer who knowingly conceals a pre-existing illness or condition in the Pre-Employment Medical Examination (PEME) is disqualified from claiming compensation and benefits.

• The seafarer's concealment of a pre-existing medical condition disqualifies him from claiming disability benefits under Section 20 (E) of the POEA Standard Employment Contract.

• The pre-employment medical examination is not sufficiently exhaustive to excuse the non-disclosure of pre-existing medical conditions. The employer is not burdened to discover any and all pre-existing medical conditions of the seafarer.

• Pre-employment medical examinations are summary examinations that only determine whether seafarers are fit to work and do not reflect a comprehensive, in-depth description of the applicant's health. Seafarers are required to disclose their medical history during the examination.

• Labor tribunals are not bound by technical rules of evidence and may use all reasonable means to ascertain the facts of the case without regard to technicalities of law and procedure.

• Intentional concealment of a pre-existing illness or injury is a ground for disqualification for compensation and benefits under the POEA Standard Employment Contract. Fraud and dishonesty are not condoned, even in the protection of seafarers.