4/9/2020
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On October 10, 2005, Santiago underwent a CT scan of the head at his own expense.
On the 23rd of the same month, he was seen by Dr. Epifania Collantes (Dr. Collantes),
a neurologist. He was diagnosed to have cerebral concussion, C5-C7 Radiculopathy
secondary to trauma. In the clinical summary,[5] it was stated, among others, that his
motor exam was 5/5 on all extremities and reflexes were normal; that there was no
note of sensory deficits and the neck was supple; that cranial CT scan showed no skull
fractures and no brain parenchymal lesions; that there was a showing of bilateral
sclerosis of mastoids; and that he was ambulatory and able to perform his daily chores,
although experiencing neck pains and headaches.
Despite medical treatment, his condition showed minimal improvement. He continued
to experience a lingering pain in his nape, headaches and mixed type deafness. On
February 16, 2006, he consulted Dr. Efren Vicaldo (Dr. Vicaldo) of the Philippine Heart
Center, who was not a company-designated physician. After checking on his condition,
Dr. Vicaldo issued a medical certificate[6] assessing his disability as Grade 7. He was
also declared to be unfit to resume work as a seaman. His medical state would require
regular medication and that it would take a considerable length of time before he would
be considered symptom-free.
Subsequently, Santiago demanded payment from Pacbasin for disability benefits
pursuant to the provisions of the POEA Standard Employment Contract. This demand,
however, was not heeded. Consequently, he filed a complaint for disability benefit,
illness allowance, and reimbursement of medical expenses, damages and attorney’s
fees.
In its defense, Pacbasin averred that during the time that Santiago was under
medication, it shouldered all the expenses; that it even paid him a total of one hundred
twenty (120) days of sickness allowance; that the findings of Dr. Vicaldo should not be
given more weight than that of Dr. Lim; and that since Dr. Lim categorized his disability
to be Grade 12, then the amount that he was entitled to receive was only $5,225.00
and not the maximum amount of $60,000.00.
In its decision dated December 29, 2006, the LA adopted the findings of Dr. Vicaldo
that he was totally and permanently disabled, entitling him to full disability benefits.
Thus, it disposed:
WHEREFORE, premises considered, judgment is hereby rendered ordering
the
respondents
PacBasin
ShipManagement,
Inc./Esteban
Salonga/Majestic Carriers, Inc. to pay complainant Alen H. Santiago
the amount of SIXTY SIX THOUSAND SEVEN HUNDRED TWELVE US
DOLLARS & 80/100 (US$66,712.80) or its equivalent in Philippine Peso
at the prevailing rate of exchange at the time of actual payment
representing his disability benefits, sickness wages and attorney’s fees.
All other claims are DISMISSED for lack of merit.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/54764
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