5/28/2020
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issued by the Dr. Nazmy Hospital recommended hospital confinement. It further reads,
as follows:
Patient name: Alcayno Eberly
Age: 49 y[r]s.
Date: 2 / 2 / 2006.
We received Patient at 5:00 pm.
Presenting with :1. Severe diffuse infection in the neck with discharge of pus.
2. Uncontrolled D.M.
3. Fever and toxaemia due to severe infection.
Patient needs stay in hospital about 5 days or more to do:
1. Control D.M with insulin.
2. Drainage and cleaning to severe infection of neck under general
anaesthesia then change dressing 2 times per day till control of infection
and improving toxaemia and fever.
3. Giving parental massive antibiotics.
4. Follow up of blood sugar.[11]
On February 8, 2006, the respondent was repatriated to the Philippines.
Upon arrival in Manila, the respondent was examined by Dr. Nicomedes G. Cruz (Dr.
Cruz), a company-designated physician. The diagnosis[12] indicated: Uncontrolled
diabetes mellitus and tuberculous adenitis. The respondent was placed under a sixmonth anti-tuberculosis treatment.
As early as June 23, 2006, the respondent consulted a private physician, Dr. Regina
Pascua Barba, who also medically assessed him to be suffering from cervical
tuberculosis adenitis as similarly assessed by the company-designated physician. She
recommended continuous treatment and medication for the respondent until January
2007.[13]
On July 6, 2006, the respondent filed a complaint for disability benefits, reimbursement
of medical expenses, payment of the unexpired portion of his contract, moral and
exemplary damages and attorney’s fees against the petitioners. To support his claim,
he alleged that his illness was contracted while he was on board M/V Cape Iris; that he
was repatriated for medical reasons and was treated for more than 120 days; and, that
he suffered a permanent total disability with Grade 1 impediment. Thus, he should be
compensated by the petitioners.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56832
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