6/5/2020
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"non-compliance with the intake of medicines" considering his earlier
medication and treatment under Dr. Cruz from the time he was repatriated
to the Philippines in a three (3)-month period, at the end of which term he
was declared "fit to work."
Indeed, diabetus mellitus is a chronic disease with no cure but it can almost
always be managed effectively Management of the disease may include
lifestyle modifications such as losing weight, diet and exercise to long term
use of oral hypoglycemics or insulin therapy. Adequate control of diabetes
leads to a lower risk of the complications of uncontrolled diabetes which
include kidney failure (requiring dialysis or transplant), blindness, heart
disease and limb amputation. Thus, patient education and compliance with
treatment is very important in managing the disease; improper use of
medications and insulins can be very dangerous causing hypo- or hyperglycemic episodes. Among the major risk of the disorder are chronic
problems affecting multiple organ systems which will eventually arise in
patients with poor glycemic control. Considering the subjective factor
involved in the assessment of risks for long-term complications of the
disease, an accurate appraisal of the disability of private respondent must be
based not only on laboratory procedures conducted at the time of
examination but also his medical history, i.e., medications and progress in
his condition. We find the generalized statements of Dr. Vicaldo not sufficient
compared to a more detailed medical assessment of Dr. Alegre based on
actual laboratory results and recent medical history of private respondent.
Private respondent assailed the finding of Dr. Alegre that his poorlycontrolled diabetes mellitus and essential hypertension were brought about
by his non-compliance with the intake of medicines. Private respondent
produced some prescriptions by different doctors, but his appointed doctor,
Dr. Vicaldo, neither presented any clinical explanation to controvert Dr.
Alegre's evaluation. At any rate, we find no substantial evidence to support
the NLRC's finding that Dr. Vicaldo's medical finding and disability
assessment as reliable and satisfactory compared to that of Dr. Alegre, the
company-designated physician. Hence, Dr Alegre's disability rating of Gr. 12
(pancreas-abdomen) under the Schedule of Compensation should be the
basis of computation of disability benefit to which private respondent is
entitled.[31]
Petitioner claims that he is entitled to US$60,000.00 disability benefit as provided in
their CBA, to wit:
20.1.4 Compensation for disability
xxxx
20.1.5 Permanent Medical Unfitness - A seafarer whose disability is assessed
at 50% or more under the POEA Employment Contract shall, for the purpose
of this paragraph as regarded as permanently unfit for further sea service in
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