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A bluejacket charge fully  acknowledge accomplished medical condition, affliction and history in the pre-employment medical assay (PEME), contrarily his affirmation for affliction allowances will be denied. 

The POEA contract  confined the compensability of affliction arising from a above-mentioned affliction back abounding by a seafarer’s counterfeit misrepresentation.

 The POEA arrangement  states that “a bluejacket who advisedly conceals and does not acknowledge accomplished medical condition, affliction and history in the pre-employment medical assay constitutes counterfeit bribery and shall disqualify him from any advantage and benefits.”



This rule  in advantage cases was afresh common by the Supreme Court in the case of Danilo Lerona vs. Sea Power Shipping Enterprises (G.R. No. 210955 August 24, 2019). 

In abstinent the claims, the Supreme Court acclaimed that the seafarer  did not announce in the adapted box in his Pre-Employment Medical Assay (PEME)  anatomy that he has hypertension, although he had been demography Norvasc as aliment anesthetic for two years. 



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The seafarer  alone appear his above-mentioned medical action afterwards he was repatriated to the Philippines. 

The Supreme Court brushed abreast the seafarer’s  altercation that he did not acknowledge his hypertension during his PEME out of an honest acceptance that it had been “resolved.”  

The Court acclaimed the actuality that the seafarer  continues to booty aliment anesthetic indicates that his action is not yet resolved. Additionally, aural the two years that he  had been demography aliment medication for his hypertension, he had boarded the company’s ships four times.

Since PEME is binding afore a bluejacket is able to lath a ship, the Court fatigued that it goes to  appearance that the bluejacket buried his hypertension no beneath than four times as well, which  negates any advancement of acceptable acceptance that appellant makes in aegis of his misdeed.

However, the Supreme Court disqualified in an beforehand case  that honest mistakes on  a above-mentioned affliction during the PEME will not bankrupt seafarers of their adapted over disability or afterlife benefits.

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In Manansala,  v. Marlow Navigation Phils., Inc.  (G.R. No. 208314, August 23, 2017),the Supreme Court acclaimed that the contract’s analogue is anxiously calibrated: it does not alone allege of incorrectness,  falsity,  of blemish or inexactness, or abortion to acknowledge the truth.  Rather, to abate compensability, it requires fraudulent misrepresentation,  that he  advisedly buried it for a awful purpose.

To bulk to counterfeit misrepresentation, canard charge be accompanying with absorbed to deceive and to accumulation from that deception.

Between the  bluejacket and an analytical physician, the Supreme Court said that the  latter is in a bigger position to appraise fettle for the rigors of sea duty. Apart from one’s authentic body, the seafarer’s   only added addition to a medical assay is a set of responses to questions.

His claimed bloom appraisal is based on his abecedarian opinion, or contrarily unrefined compassionate of nuanced medical conditions. In contrast, the PEME procedures are conducted and supervised by professionals with authentic and abstruse capabilities. 

Ultimately, the Supreme Court said that  it is added adapted that the analytical physician, a accomplished professional, and not the seafarer, who is a layperson, be faulted for discounting the attendance of diseases alike afterwards subjecting the bluejacket to a alternation of procedures,  verifiable empiric data, which are again evaluated by a physician.

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Consequently, reasonable elbowroom may be continued for disability to accomplish complete and anxiously authentic accounts back this disability arises from impropriety animal limitation and frailty. This is a accustomed addiction for laypersons-such as seafarers-rendering accounts of their own medical conditions.

The greater achievability  is that a seafarer’s self-assessment of claimed medical altitude will abort to abduction nuances that can accomplish the aberration amid fettle and affliction for work

As laypersons, they do not accept the requisite medical ability to appropriately characterize their illnesses.

Even if they are acquainted of their own medical conditions, they may, in their non able assessment but still in acceptable faith, be assertive that their altitude are not so astringent and that they can administer to accomplish assignment aboard a vessel.

Seafarers cannot be captivated to annual beneath an disproportionate standard. The POEA arrangement takes barring to counterfeit misrepresentation, not to honest mistakes.

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—–
(Atty. Gorecho active the seafarers’ analysis of the  Sapalo Velez Bundang Bulilan  law offices. For comments, email [email protected], or alarm 09175025808 or 09088665786)

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