4/29/2020
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However, after almost two (2) months of therapy, petitioner did not notice any
improvement. He informed Dr. Periquet that when he was in Philadelphia, U.S.A., he
was advised to consult a neurologist and undergo MRI. When Dr. Periquet ignored him,
he consulted another doctor. Thus, from October 23, 2001 to December 1, 2001,
petitioner underwent a series of treatment for his “frozen shoulder of the right arm”
from Dr. Johnny G. Tan, Jr. (Dr. Tan) in his Chiropractic Clinic.[6]
On December 27, 2001, petitioner consulted Dr. Cymbeline B. Perez-Santiago (Dr.
Santiago), a Neurologist at the Makati Medical Center, and was subjected to neurologic
examinations. In her Neurologic Summary[7] dated February 28, 2002, Dr. Santiago
concluded that petitioner will no longer be able to function as in his previous diseasefree state and that his condition would hamper him from operating as chief officer of a
ship.
Meanwhile, petitioner was also examined by Dr. Efren R. Vicaldo who, in a Medical
Certificate[8] dated January 29, 2002, diagnosed petitioner to be suffering from
Parkinson’s disease and a frozen right shoulder (secondary), with an “Impediment
Grade VII (41.8%). He concluded that petitioner is unfit to work as a seafarer.
On the basis of the findings of his doctors, petitioner sought payment of his disability
benefits and medical allowance from respondents, but was refused. Petitioner therefore
instituted the present Complaint[9] against the respondents docketed as NLRC OFW
Case No. (M) 02-03-0660-00.
On February 24, 2003, after the parties submitted their respective pleadings, the Labor
Arbiter (LA) rendered a Decision[10] in favor of petitioner and ordered respondents to
pay the former his disability claims, sickness allowance, and attorney’s fees. The
dispositive portion of which reads:
WHEREFORE, premises considered, judgement (sic) is hereby rendered
ordering the respondents Maersk-Filipinas Crewing, Inc./Elite Shipping A/S
to jointly and severally pay complainant Ramon D. (sic) Nazareno the
amount of TWENTY-SEVEN THOUSAND NINE HUNDRED FIFTY-SEVEN
US DOLLARS & 60/100 (US$27,957.60), or its equivalent in Philippine
Peso at the prevailing rate of exchange at the time of actual payment
representing his disability claims, sickness allowance and attorney’s fees.
All other claims are DISMISSED for lack of merit.
SO ORDERED.[11]
The LA gave credence to the findings and assessments of petitioner’s attending
physicians who took care and treated him, instead of the conclusion of Dr. Campana
that petitioner was already fit for work as of October 21, 2001. The LA held that the
medical certificate of Dr. Campana cannot prevail over the findings of the physicians
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55611
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