Home›Bar Review›2024›Labor Law›Question 17
Question 17
17. Mabuhay Travels, Inc. (MTI), a local manning agency acting for its
principal Carousel Cruise Corporation (CCC), deployed Elizabeth as
waitress on board the vessel M/S Carnival Miracle. Elizabeth finished the
contract and prepared for repatriation. Upon arrival in Manila, Elizabeth
complained of episodic chest and neck pains. Elizabeth consulted a
cardiologist and was diagnosed of “mitral regurgitation, allergic rhinitis,
and thyroid pathology.” The chest and neck pains of Elizabeth persisted
that rendered her unfit for sea service. Elizabeth then filed a complaint for
disability benefits against MTI and CCC. The Labor Arbiter dismissed the
complaint because Elizabeth did not undergo a post-employment medical
examination with the company-designated physician within three working
days from arrival in the Philippines. Is the Labor Arbiter correct in
dismissing the complaint for failure of Elizabeth to comply with the
mandatory three-day reportorial requirement? Explain.
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