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smoking." Despite the interim disability grading given, the company doctor noted, in a
report[7] dated June 23, 2015, that petitioner still complains of "on and off hypogastric
pain." He was then advised to undergo repeat cystoscopy. On June 30, 2015,[8] Dr.
Cruz issued petitioner with a final assessment of Grade 7 disability-moderate residuals
or disorder of the intra-abdominal organ.
In September 2015, petitioner underwent another operation using his own funds.[9]
This prompted him to secure the opinion of another physician, Dr. Richard Combe, who
diagnosed him with bladder mass and declared him unfit to work due to his need to
undergo instillation chemotherapy and cystoscopy every three months, thus:[10]
Remarks/Recommendations:
Pt. is being
scheduled
for instillation
chemotherapy
[&]cystoscopy
every 3
months
hence unfit to
work
Thereafter, petitioner, thru counsel, sent respondents a letter[11] dated October 16,
2015, claiming total and permanent disability benefits. Petitioner further declared in the
said letter his willingness to undergo another examination to prove the extent of his
disability being claimed, thus:
Dear MS FRANCISCO:
This pertains to the disability case of the above-named seafarer who was
medically repatriated due to medical reasons-Urotherial Carcinoma of the
Urinary Bladder. He underwent series of chemotherapy. However, despite
such medical treatment, he remains incapacitated until today.
He consulted an independent medical expert and was found to be still
suffering from the said permanent disability and declared seafarer is already
totally UNFIT to resume his work as a seaman. A copy of the Second Medical
Report is hereto attached and marked as ANNEX A as well as the records of
his surgical operation last October 6, 2015.
As a result thereof, the seafarer is claiming total and permanent disability
benefits in accordance with the law and his CBA. He is willing to undergo
another test/examination to confirm his present disability which has
incapacitated him from resuming his work as a seaman. Please be guided
accordingly.
For the Firm:
(SIGNED)
ATTY. ARNOLD M. BURIGSAY
Counsel for Seafarer
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