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and weak extensor hallis longes.
He was also evaluated by Dr. Antonio Periquet with following finding
1.
2.
3.
4.
there is a decrease in pain
tenderness – lumbar paravertebral
weakness left lower extremity
decrease in sensation from T 10 down
5. SLR – 30o left; full – right
6. decrease ankle jerk left
7. pain on all trunk motion[15]
On April 11 and 12, 2007, Munar was once again examined by Dr. Periquet and Dr. Lim,
respectively. On May 3, 2007, Dr. Chua issued a medical report[16] where he
enumerated the findings of Dr. Periquet and Dr. Lim and rated Munar’s impediment as
Grade 8.
The above patient [was] re-evaluated by Dr. Antonio Periquet on April 11,
2007 with report of pain level is 5/10
- SLR-45o bilateral, weakness left foot muscle, decrease sensation
below mid-thigh
- Tenderness-lumbo sacral process and left lumbar area
- Pain on side bending and forward flexion
He is advised to continue physiotherapy.
He was also seen by Dr. Tiong Sam Lim on April 12, 2007 and advised to
continue physiotherapy and recommended disability assessment.
After thorough evaluation, the report of Dr. Antonio Periquet; Dr. Tiong Sam
Lim and Dr. Edward Lingayo, patient will take a long time to fully recovered.
Therefore, he may [be] given disability.
Based on Amended POEA Contract Section 32-CHEST-TRUNK- SPINE # 5disability grade 8.[17]
Meantime, on April 17, 2007, Munar filed a complaint for total and permanent disability
benefits. His complaint was docketed as NLRC-NCR Case No. OFW-07-04-00970-00 and
raffled to Labor Arbiter Veneranda Guerrero (LA Guerrero). Munar claimed that the
mere fact that his medical condition, which incapacitated him to engage in any gainful
employment, persisted for more than 120 days automatically entitles him to total and
permanent disability benefits.
During the mandatory mediation and conciliation conferences, petitioners invoked Dr.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55508
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