8/27/2020
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On October 7, 2012, Esteva returned to the Philippines and reported to his employer.
He was then referred to the Metropolitan Medical Center, where he underwent several
medical examinations. His x-ray results revealed that he had osteodegenerative
changes in his lumbar spine.[11]
On April 3, 2013, the company-designated physician, Dr. Mylene Cruz-Balbon (Dr. CruzBalbon), issued a Medical Certificate indicating that Esteva was given medications for
Pott's disease, a form of tuberculosis of the spine. She prescribed that Esteva take at
least one (1) year of treatment. In the Medical Certificate, Esteva's suggested disability
grading was Grade 8, with 2/3 loss of lifting power.[12]
On July 19, 2013, Dr. Cruz-Balbon issued another Medical Certificate confirming the
finding of both Pott's disease and disc protrusion L2-L5.[13]
On September 13, 2013, Esteva consulted another doctor, Dr. Maricar P. Reyes-Paguia
(Dr. Reyes-Paguia), who issued a Medical Certificate indicating that Esteva was
suffering from:
Impression:
1.
2.
3.
4.
5.
Multilevel lumbar spondylosis
Mild retrolisthesis, L2 on L3
Grade 1 spondylolisthesis, L4 on L5
Disc desiccation, L2-L3, L3-L4 and L4-L5
L2-L3 and L3-L4 posterior disc bulge indenting the thecal sac and facet
joint hypertrophy with mild neuroforaminal narrowing.
6. L4-L5 circumferential disc bulge, facet joint arthrosis and ligamentum
flavum thickening with moderate spinal and neuroforaminal narrowing
impinging the exiting nerve roots.[14]
In his Complaint, Esteva also stated that on September 17, 2013, he consulted another
doctor, Dr. Alan Leonardo R. Raymundo (Dr. Raymundo), an orthopedic surgeon.[15]
The physician issued a Medical Report, which read in part:
Physical examination today showed the patient to be ambulatory but walking
with a limp. He has pain on bending forward and backwards and on rotation.
He has a positive straight leg raising test on the right at 70 degrees and has
weakness of both lower leg muscles, the right weaker than the left.
I have explained to Mr. Esteva that his condition will no longer allow him to
return to his previous occupation as an able bodied seaman.[16]
Thus, Esteva filed a Complaint for total permanent disability benefits.[17] Esteva sought
to recover: (1) disability benefits worth US$90,000.00 under the Collective Bargaining
Agreement; (2) sickness[18] allowance; (3) reimbursement of medical, hospital, and
transportation expenses; (4) moral and exemplary damages; and (5) attorney's fees.
[19]
In its January 29, 2014 Decision,[20] Labor Arbiter Romelita N. Rioflorido granted
Esteva's claims for disability compensation, sickness allowance, and attorney's fees.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65396
2/20