5/19/2021
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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
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