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Question 18
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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