disclose past medical condition, disability and history in the pre-employment medical examination , otherwise his claim for disability benefits will be denied.
form that he has hypertension, although he had been taking Norvasc as maintenance medicine for two years.only disclosed his pre-existing medical condition after he was repatriated to the Philippines.argument that he did not reveal his hypertension during his PEME out of an honest belief that it had been “resolved.”continues to take maintenance medicine indicates that his condition is not yet resolved.
To amount to fraudulent misrepresentation, falsity must be coupled with intent to deceive and to profit from that deception. Ultimately, the Supreme Court said that it is more appropriate that the examining physician, a trained professional, and not the seafarer, who is a layperson, be faulted for discounting the presence of diseases even after subjecting the seafarer to a series of procedures, verifiable empirical data, which are then evaluated by a physician.
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