1/4/2021
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On April 3, 2014, another company-designated physician Dr. Godfrey Robeniol found a
tumor in his spinal cord. A few days later, he underwent surgery for tumor removal.[6]
After undergoing surgery and physical therapy, he went back to, yet, another companydesignated physician Dr. Gilbert Rañoa. The latter observed that he was still suffering
lower back pain probably due to his lumbar spondylosis. Dr. Rañoa then declared that
his illness was not work related. Dr. Rañoa, nonetheless, offered to give him a disability
grading of 11.[7]
He, thereafter, sought the opinion of his personal physician, Dr. Venancio Garduce who
concluded that due to the weakness of his upper extremities, it was impossible for him
to be employed again as seafarer. Dr. Garduce opined he was entitled to a Grade 3
disability rating.[8]
Respondents' Version
While on board, petitioner noted blisters on his right lumbar region accompanied by
fever, headache, and body pain. The blisters, however, healed without medication.
Upon petitioner's repatriation, company designated Dr. Robert Lim found him suffering
from Hyposthetics (nerve damage).[9]
Petitioner underwent an MRI which showed L4-L5 disc protrusion and disc dessication.
Since his back pain persisted, another MRI was done where a tumor was discovered in
his spine.[10]
In April 25 2014, he had the tumor excised. On May 15, 2014, he was seen by Dr.
Mylene Cruz-Balbon who noted that while he continued with his rehabilitation, "the
prognosis of returning to (his) sea duties is guarded." Yet another company physician,
Dr. William Chuasuan, Jr. found that petitioner was suffering from a grade 11 disability
for slight rigidity or 1/3 loss of motion or lifting power.[11]
The Ruling of the Labor Arbiter
By Decision dated May 3, 2015, Labor Arbiter Nicolas awarded petitioner permanent
total disability compensation. The labor arbiter ruled that the company-designated
physicians failed to make a final assessment of petitioner's condition within 120/240
window period. Petitioner's disability had, therefore, become total and permanent.[12]
The Ruling of the National Labor Relations Commission (NLRC)
On appeal, the NLRC modified the award to partial permanent disability. It stressed that
Dr. Chuasuan, Jr.'s assessment of petitioner's condition equivalent to grade 11 disability
was made within the 120-day period from the latter's repatriation on January 17, 2014.
Even arguing that his treatment lasted beyond 120 days, the extended period was
justified because petitioner needed further medical treatment.[13]
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65710
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