5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly To ascertain his medical condition, respondent's family referred him to an independent medical expert, Dr. Eileen Faye Enrique-Olanan (Dr. Enrique-Olanan) who requested him to undergo diagnostic test. Dr. Enrique-Olanan diagnosed respondent with optic atrophy in the right eye and attested to his unfitness for sea service.[7] Respondent went to see Dr. Michael Bravo (Dr. Bravo) for consultation. Dr. Bravo confirmed that respondent is suffering from optic atrophy in the right eye and declared him unfit for sea duty "because of his very poor vision and poor color perception of the right eye and blurred vision on the left, which can affect his depth perception."[8] Respondent informed petitioners of the findings of Dr. Enrique-Olanan and Dr. Bravo, requested for a third medical opinion, and sought for the payment of disability benefits. Petitioners refused, prompting respondent to file a complaint for payment of permanent and total disability benefits, moral and exemplary damages, and attorney's fees against them before the Panel of Voluntary Arbitrators. Petitioners, for their part, averred that respondent's employment contract is covered by an overriding collective bargaining agreement (CBA) which provides for disability benefits only on disability as a result of an accident. It alleged that when respondent returned to the Philippines on January 5, 2017, he was immediately referred to the company-designated physician at Trans Global Health System, Inc.[9] On February 22, 2017, after several tests and procedures, the attending medical specialist diagnosed respondent with optic atrophy and the neurologist opined demyelinating disease. The neurologist suggested that lumbar puncture be performed to confirm or rule out other diseases but respondent refused. Respondent underwent a test for neuromyelitis optica (NMO) to determine the need to continue with his steroid treatment. Upon review of the NMO test results, the specialist stated that petitioner is unlikely to recover his vision to its normal acuity. Thus, on August 25, 2017, the company-designated physician declared that respondent's final disability grading is "Grade 7 per Philippine Overseas Employment Administration (POEA) contract eye #7." [10] Petitioners offered respondent disability benefits equivalent to Grade 7 assessment based on the Philippine Overseas Employment Administration-Standard Employment Contract (POEA-SEC) but the latter refused the same.[11] After the conciliation proceedings failed, the parties filed a submission agreement referring the case to the Panel of Voluntary Arbitrators (PVA) for resolution. The PVA Ruling In its Decision[12] dated June 5, 2018, the majority of the PVA ruled in favor of respondent and ordered petitioners Pacific Ocean Manning Inc. and/or V Ships UK Ltd. and/or Southern Shipmanagement Co. S.A. and/or Engr. Edwin S. Solidum to pay jointly and severally respondent permanent total disability benefits in the amount of US$102,308.00 and attorney's fee equivalent to 10% of the total judgment award or its https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66449 2/9

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