Cases: Sea-based Workers, Seafarers, Mariners, Ocean-going OFWs

1. POEA – Standard Employment Contract

a. Mandatory 3-day medical examination with company-designated physician

Malicdem v. Asia Bulk Transport Phils., Inc.G.R. No. 224753, 19 June 2019[BACKGROUND]On June 1, 2011, [the employee] was hired by [the local agency] Asia Bulk Transport Phils, Inc. (ABTPI), in behalf of its foreign principal, SKM Korea Co., Ltd., to board the vessel MV Yushio Princess II for a period of three (3) months. Prior to embarkation, [the employee] underwent a Pre-Employment Medical Examination (PEME) where it was noted that he had a medical history of high blood pressure and hypertension.8 Nevertheless, he was declared “fit to work.”On the second week of his duty on board MV Yushio Princess II, [the employee] suffered from blurring vision and headache. He reported his condition to the Ship Captain and was eventually seen by a doctor in Japan. Upon the doctor's recommendation, [the employee] was repatriated to Manila on October 16, 2011. The following day, he was referred to a company-designated hospital, Sachly International Health Partners, particularly to a company-designated physician, Dr. Susannah Ong-Salvador (Dr. Salvador) who eventually issued a medical report10 dated October 17, 2011 that [the employee] was suffering from glaucoma. On October 22, 2011, another medical report was issued by Dr. Salvador stating that [the employee] was under medical treatment and recommending surgical procedure. However, the report clarified that [the employee’...

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