5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly mellitus.[4] On April 7, 2006, Rosales consulted Dr. Paterno Dizon, Jr. (Dr. Dizon), an interventional cardiologist at the Cardinal Santos Medical Center, who certified that he was suffering from coronary artery disease and severe stenosis in his heart. Consequently, he underwent a Coronary Artery By-Pass Graft Surgery at the Philippine Heart Center.[5] On October 10, 2006, Dr. Cruz gave Rosales a partial permanent disability assessment equivalent to Grade 7 (moderate residuals of disorder) under the POEA-SEC. The assessment took into account the marked improvement of his condition.[6] On November 9, 2006, Rosales sought the medical advice of Dr. Efren R. Vicaldo (Dr. Vicaldo), a cardiologist at the Philippine Heart Center for a second opinion. Dr. Vicaldo found him still suffering from hypertensive cardiovascular and coronary artery diseases in his heart. He assessed Rosales to be unfit to work as a seaman in any capacity and considered his illness to be work-related. He thus gave Rosales a permanent total disability rating of Grade 1 under the POEA-SEC.[7] On the strength of Dr. Vicaldo’s more favorable finding, Rosales claimed permanent total disability benefits from INC. The company denied the claim. Following the denial, Rosales filed a complaint[8] on December 7, 2006 for disability benefits, illness allowance, reimbursement of medical expenses, damages and attorney’s fees against INC before the Arbitration Branch of the NLRC.[9] Rosales asserted that he is entitled to permanent total disability benefits under the POEA-SEC based on Dr. Vicaldo’s Grade 1 disability rating; that this assessment is based on the finding that his illness was acquired in the performance of his duties, and that his illness rendered him unfit for sea duties. Rosales further stated that he was incapacitated to work for more than one hundred twenty (120) days. He also questioned Dr. Cruz’s competency since Dr. Cruz did not actually perform the medical procedures, but based it only on the report of Dr. Dizon. Moreover, Rosales argued that Dr. Cruz is not a cardiologist but a general and cancer surgeon and who could not render an impartial assessment since he was a company-designated physician.[10] For its part, INC emphasized that Dr. Cruz only gave a Grade 7 disability rating based on his post-treatment evaluation of Rosales; that under the POEA-SEC, it is the company-designated physician who is tasked to assess the fitness of a seafarer and to give the corresponding disability benefits rating. INC also pointed out that the award of disability benefits is not dependent on the impairment of the seafarer’s earning capacity but on the gravity of the injury he had sustained. The Compulsory Arbitration Decisions In his decision of June 26, 2007,[11] the LA found the complaint meritorious and ordered INC to pay Rosales Sixty Thousand United Stated dollars (US$60,000.00) as permanent total disability benefits, plus three percent (3%) of this amount as attorney’s fees. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57993 2/10

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