The seafarer was found to have concealed his previous illness: phlectenille, right eye. Nonetheless, this did not bar his disability claim for his present lower back injury.
In TCM Tsakos Maritime Philippines, Inc.,1G.R. No. 241102, January 7, 2019. the Court ruled:
[The seafarer’s] concealment of his previous illness and repatriation, as well as his receipt of corresponding disability benefits therefor, cannot bar his present claim because his previous illness, phlectenille, right eye, was not shown to be related in any way to his present illness of lower back injury.2Emphasis supplied.
This Court had indeed disallowed the payment of disability benefits to seafarers in the past due to concealment or fraudulent misrepresentation. However, a review of these cases reveals that the prior injury or illness concealed by the seafarer was shown to be related to the injury or illness which was the subject of the seafarer’s pending claim.
Further Reading:
- TCM Tsakos Maritime Philippines, Inc. v. Calimpong, G.R. No. 241102, January 7, 2019.
