6/5/2020
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Administration - Standard Employment Contract (POEA-SEC), was equivalent to
US$3,590.73. Dr. Chuasuan, Jr. wrote:
April 19, 2010
ROBERT D. LIM, M.D.
Marine Medical Services
Metropolitan Medical Center
Re: Mr. Eduardo Zafra, Jr.
Case of 32 year old male, S/P Anterior Cruciate Ligament Reconstruction,
Left.
His suggested disability grading is 20% of Grade 10 - stretching leg of the
ligaments of a knee resulting in instability of the joint.
Respectfully yours,
WILLIAM CHUASUAN, JR., M.D.[8]
On July 5, 2010, much to the petitioners' surprise, Zafra filed a complaint[9] for
payment of permanent total disability benefits, moral and exemplary damages and
attorney's fees.[10] Attempts for an amicable settlement of the case failed.
On August 2, 2010, Zafra demanded a copy of his medical records from petitioners,[11]
but he was not given one. The requested medical records were, however, later on
attached to the petitioners' position paper filed before the LA.
On August 20, 2010, the Assistant Medical Coordinator of Marine Medical Services
issued Zafra's Brief Clinical History, to wit:
Final Diagnosis (July 20, 2010) - Probable Medial Meniscal Tear, Left Knee;
Anterior Cruciate Ligament Tear, Left Knee; S/P Arthoroscopic Anterior
Cruciate Ligament Reconstruction, Left Knee with an incidental finding of
Urinary Tract Infection.[12]
On October 21, 2010, the LA declared Zafra entitled to disability benefits in the amount
of US$3,590.73.[13] The LA reasoned out, among others, that Zafra's claim for the
maximum benefit of US$60,000.00 was unsubstantiated considering that (1) the
assessment of the company-designated physician of his injury as Grade 10 should be
respected; and (2) he failed to present the medical findings showing total and
permanent disability. The dispositive portion of the LA decision reads:
IN VIEW OF THE FOREGOING, the respondent Corporation is directed to
pay the complainant the amount of US$3,590.73
The rest of the claims are dismissed for lack of merit.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60608
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