5/19/2021
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On December 18, 2012, Pastrana had his second consultation with Dr. Lim.[16] He was
given medication and advised to undergo rehabilitation.[17] He underwent physical
therapy sessions for almost four months, but this only resulted to minimal
improvement.[18]
On April 2, 2013, Dr. Lim advised Pastrana that he is already fit to work.[19] Trusting
the assessment of the company-designated physician and eager to resume sea duty,
Pastrana signed the fit to work declaration.[20] However, the Medical Director of
respondent Carnival Cruise Lines declared him unfit to return to his usual work on
board the vessel after observing that he still has stiff trunk and painful gait.[21]
On April 11, 2013, the company-designated physician issued a final assessment which
states as follows:
"This is regarding the case of Environmental Team Leader Henry E. Pastrana
who was initially seen here at Metropolitan Medical Center on December 12,
2012 and was diagnosed to have Herniated Disc, L4-L5, L5-S1.
If patient is entitled to a disability, his suggested disability grading is Grade
11 - 1/3 loss of lifting power."[22]
In view of the foregoing medical assessment, respondents offered to pay Pastrana
$7,000.00 as disability benefit corresponding to a Grade 11 disability rating.[23]
Pastrana refused the offer and instead sought the opinion of his personal doctor, Dr.
Manuel Fidel M. Magtira (Dr. Magtira), who declared him "permanently unfit in any
capacity to resume his duties as a Seaman."[24]
On the basis of the medical assessment of Dr. Magtira, Pastrana demanded total and
permanent disability benefits from respondents, but his demand went unheeded.[25]
Thus, Pastrana filed a Complaint dated May 7, 2013 for payment of total and
permanent disability benefits, moral and exemplary damages, and attorney's fees, with
the Labor Arbiter (LA).[26]
Ruling of the LA
In a Decision[27] dated November 25, 2013, the LA ruled in favor of Pastrana. The
dispositive portion of the Decision reads as follows:
WHEREFORE, responsive to the foregoing, judgment is hereby rendered
declaring complainant's claim for disability benefits based on the permanent
total disability compensation category meritorious. Accordingly, respondents
are hereby ordered jointly and severally liable:
1) To pay complainant the amount of USD60,000.00, or its equivalent in
Philippine Currency prevailing at the exchange rate at the time of payment,
representing his payment and total disability benefits;
2) To pay complainant an amount equivalent to ten (10%) percent of the
total judgment award, as and for attorney's fees.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66257
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