8/27/2020 E-Library - Information At Your Fingertips: Printer Friendly 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

Select target paragraph3