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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
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