Seafarers Must Disclose Pre-Existing Conditions to Maintain Disability Benefit Eligibility

Joey Rontos Clemente v. Status Maritime Corporation, G.R. No. 238933, July 01, 2020

Imagine embarking on a seafaring career, only to face the harsh reality of a denied disability claim due to undisclosed medical history. This scenario unfolded for Joey Rontos Clemente, a seafarer whose journey for disability benefits was halted by the Philippine Supreme Court’s ruling. The central issue was whether Clemente’s failure to disclose a pre-existing shoulder condition disqualified him from claiming disability benefits after an injury sustained at sea.

In this case, Clemente, a fitter hired by Status Maritime Corporation, suffered a shoulder dislocation while working. Upon repatriation, he sought disability benefits, but his claim was rejected due to alleged concealment of prior shoulder dislocations. The case highlights the critical importance of transparency in pre-employment medical examinations for seafarers and the potential consequences of non-disclosure.

Legal Framework Governing Seafarers’ Disability Claims

The Philippine Overseas Employment Administration (POEA) Standard Employment Contract governs the rights and obligations of seafarers and their employers. Section 20(A) outlines the employer’s liability for work-related injuries or illnesses, mandating medical treatment and sickness allowances. However, Section 20(E) imposes a strict condition: seafarers who knowingly conceal pre-existing illnesses or conditions during pre-employment medical examinations are disqualified from claiming compensation and benefits.

This provision aims to ensure that employers can assess the true health status of seafarers before deployment. The term ‘pre-existing condition’ refers to any illness or injury known to the seafarer prior to employment, which could impact their ability to work at sea. The law places the burden on the employer to prove concealment, requiring evidence that the seafarer was aware of the condition but failed to disclose it.

For instance, if a seafarer has been diagnosed with hypertension and is taking medication, they must disclose this during the medical examination. Failure to do so can result in the denial of disability benefits, even if the condition worsens while working at sea.

The Journey of Joey Rontos Clemente’s Case

Joey Rontos Clemente’s ordeal began when he was hired as a fitter by Status Maritime Corporation in August 2015. His contract promised a basic monthly salary of US$735.20 and a duration of 9+3 months. Before boarding the vessel, Clemente underwent a pre-employment medical examination and was declared fit to work.

On March 25, 2016, while allegedly lifting a heavy object, Clemente’s shoulder snapped and dislocated. He was repatriated and diagnosed with recurrent left shoulder dislocation, recommended for surgical repair. However, Status Maritime rejected his claim for disability benefits, asserting that Clemente had concealed a history of shoulder dislocations.

Clemente’s crewmates testified that he had mentioned previous shoulder dislocations, and medical records showed two prior incidents in June and July 2015. Despite Clemente’s argument that he forgot to disclose this information and that the injury should have been detected during the medical examination, the courts ruled against him.

The Labor Arbiter dismissed Clemente’s complaint, finding that the injury was not work-related and that he had failed to disclose his medical history. The National Labor Relations Commission and the Court of Appeals upheld this decision, emphasizing that Clemente’s concealment disqualified him from benefits.

The Supreme Court, in its ruling, stated, “Intentional concealment of a pre-existing illness or injury is a ground for disqualification for compensation and benefits under the POEA Standard Employment Contract.” The Court further noted, “While our laws give ample protection to our seafarers, this protection does not condone fraud and dishonesty.”

Another key point from the Supreme Court’s decision was, “Pre-employment medical examinations are only summary examinations. They only determine whether seafarers are fit to work and do not reflect a comprehensive, in-depth description of the health of an applicant.”

Impact on Future Seafarer Claims and Practical Advice

This ruling underscores the importance of full disclosure during pre-employment medical examinations for seafarers. Employers are not required to discover all pre-existing conditions; it is the seafarer’s responsibility to be transparent about their medical history.

For seafarers, this case serves as a reminder to:

• Disclose all known medical conditions, even if they seem minor or resolved.
• Understand that pre-employment medical examinations are not exhaustive and may not detect all conditions.
• Be aware that failure to disclose can result in the denial of disability benefits, even if the injury occurs during employment.

Key Lessons:

• Honesty is crucial in pre-employment medical examinations to maintain eligibility for disability benefits.
• Seafarers should seek legal advice if they face issues with disability claims to ensure they understand their rights and obligations.

Frequently Asked Questions

What should seafarers disclose during a pre-employment medical examination?

Seafarers must disclose any known medical conditions, including past injuries or illnesses, even if they are currently asymptomatic or under control.

Can a seafarer claim disability benefits if they have a pre-existing condition?

Yes, but only if the condition was disclosed during the pre-employment medical examination. Concealment can lead to disqualification from benefits.

What happens if a seafarer forgets to disclose a medical condition?

Forgetfulness is not a valid defense. Seafarers are expected to provide accurate medical history, and failure to do so can result in the denial of benefits.

How can employers ensure compliance with the POEA Standard Employment Contract?

Employers should conduct thorough pre-employment medical examinations and maintain clear documentation of seafarers’ medical histories to protect against fraudulent claims.

What should a seafarer do if their disability claim is denied?

Seafarers should seek legal advice to review their case and explore options for appeal or negotiation with their employer.

ASG Law specializes in maritime law and seafarers’ rights. Contact us or email hello@asglawpartners.com to schedule a consultation.