6/5/2020
E-Library - Information At Your Fingertips: Printer Friendly
and weakness in his right lower leg, and (c) having difficulty bending and sitting. The
former was, thus, advised to undergo physical therapy thrice a week.[9]
The petitioner thereafter consulted Dr. Alegre eight more times from August 28, 2006
up to January 26, 2007. He continued with physical therapy and was prescribed
medications.[10]
On October 23, 2006, Dr. Alegre reported that the Magnetic Resonance Imaging scan of
the petitioner’s lumbosacral spine showed “disk desiccation L4L5 and L5S1 with left
posterolateral disk herniations and nerve root compression.” Since the petitioner was
hesitant to undergo surgery, Dr. Alegre recommended the administration of epidural
steroid injection to decrease the pain and swelling, and the continuation of physical
therapy.[11]
On January 20, 2007, Dr. Alegre informed PTCI that the petitioner still suffered from
persistent back pains and restricted truncal mobility. Since the petitioner was still
young, “conservative management with physical therapy” was recommended. The
petitioner was then given a “Disability Grade of 8 (Chest-Trunk-Spine # 5, moderate
rigidity or 2/3 loss of motion or lifting power of the trunk).”[12]
The petitioner’s last consultation with Dr. Alegre was on January 26, 2007. The former
manifested his preference for the continuation of physical therapy and once again
refused the offer of surgical intervention.[13]
On June 6, 2007, the petitioner sought the opinion of Dr. Venancio P. Garduce, Jr. (Dr.
Garduce), an orthopedic surgeon. The medical certificate signed by the latter indicated
that the petitioner had (a) nerve root compression at L4-L5 and L5-S1; (b) numbness
and sensory deficits of 40% with weakness of the left big toe extension; and (c) limited
range of motion of the back. Dr. Garduce concluded that the petitioner had a Disability
Grade of One and was thus unfit for sea duty.[14]
On June 7, 2007, the petitioner filed before the NLRC a complaint[15] for disability
benefits, medical reimbursements, damages and attorney’s fees against PTCI, Garillos
and CCI (respondents).
Ruling of the LA
On December 17, 2007, the LA rendered a Decision[16] awarding to the petitioner the
amounts of US$80,000.00 as total and permanent disability benefits, and US$8,000.00
as attorney’s fees. The LA ruled that the provisions of the FIT-CISL-ITF CBA (CBA)
which adopted Article 12 of the ITF Cruise Ship Model Agreement covering the
petitioner’s vessel of employment were applicable.[17] The said article, in part, provides
that:
Regardless of the degree of disability[,] an injury or illness which results in
loss of profession will entitle the Seafarer to the full amount of
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58964
2/18