4/29/2020
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ray imaging of his spine showed no fractures but with straightening of the cervical
spines. He was advised to undergo physical therapy.[8]
Thereafter, the petitioner was referred to UPLI’s accredited physicians at the
Metropolitan Medical Center where he was placed under the charge of orthopedic
surgeon, Dr. William Chuasuan, Jr. (Dr. Chuasuan). After series of medical
examinations, the petitioner was diagnosed with Coccygodynia and Thoracolumbar
Strain. He was directed to continue his physical therapy sessions.[9]
On December 16, 2008, an interim Medical Report was issued by UPLI’s accredited
physicians, Dr. Mylene Cruz-Balbon (Dr. Cruz-Balbon) and Dr. Robert Lim (Dr. Lim), who
pronounced the petitioner’s temporary disability as Grade 11 (slight rigidity or 1/3 loss
of motion or lifting power of the trunk) under Section 32 of the POEA-SEC. The doctors
recommended that the petitioner continue physical therapy for another six (6) to eight
(8) weeks.[10]
Alleging that despite undergoing medical treatment and physical therapy sessions, his
injuries did not heal and instead, his condition deteriorated, the petitioner filed before
the LA a complaint for permanent disability benefits and sickness allowance with claims
for damages and attorney’s fees against UPLI, its President, Fernando T. Lising and
Belships (respondents).[11]
He claimed that pursuant to the Philippine Seafarer’s Union/ International Transport
Workers Federation Total Crew Cost (PSU/ITF TCC) Agreement incorporated in his
employment contract, he is entitled to the maximum permanent disability
compensation of US$142,560.00[12] and sick wages equivalent to 130 days amounting
to US$3,063.66.[13]
While the complaint was pending or on February 7, 2009, Dr. Chuasuan issued a report
maintaining the Grade 11 disability assessment previously made on the petitioner’s
condition, viz:
Patient has undergone 3 months of rehabilitation and claims only mild
improvement of symptoms. Further treatment would probably be of some
benefit but will not guarantee his fitness to work.
Interim disability of grade 11 stands.[14]
However, Drs. Cruz-Balbon and Lim raised the petitioner’s assessment to Grade 8 or
“moderate rigidity or two-thirds (2/3) loss of motion or lifting power” under Section 32
of the POEA-SEC in their medical report.[15] Based thereon, UPLI paid the petitioner
sickness allowance of P133,843.47 for the period September 14, 2008 to January 12,
2009.[16]
Unconvinced of the final assessment made by UPLI’s physicians, the petitioner
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