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Question 18

2024 Bar · Labor Law · 1 sub-question

18. Fabio entered into a contract of overseas employment as a seafarer with Gibson Ship Management (GSM), a local manning agency acting in behalf of its principal Blythe Tankers Company (BTC). On board the vessel, Fabio suffered lower back pains while performing his assigned task. Despite therapy and medication, Fabio continued to suffer severe lower back pains. The company-designated physician diagnosed Fabio with “Lumbar Strain T/C Slipped Disc.” Fabio then filed a complaint for disability benefits before the Labor Arbiter. GSM and BTC countered that Fabio is disqualified from claiming disability benefits because he concealed his urinary tract infection and hypertension during his pre- employment medical examination. Is Fabio entitled to disability benefits even if he concealed pre-existing medical conditions? Explain.

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