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On December 22, 1997, Tanawan’s cast was removed, and he was advised to start
motion exercises and partial weight bearing.[5] He underwent physical therapy for two
months at the St. Camillus Hospital.[6] On March 26, 1998, the orthopedic surgeon
suggested pinning and bone grafting of the 5th metatarsal bone after noticing that
there was no callous formation there.[7]
On April 7, 1998, Tanawan underwent bone grafting and was discharged on the next
day.[8] On May 21, 1998, conformably with the orthopedic surgeon’s findings, Dr. Lim
reported that Tanawan was already asymptomatic and pronounced him fit to work.[9] It
is noted that from November 30, 1997 until April 1998, Tanawan was paid sickness
allowances equivalent to his monthly salary.[10]
On March 31, 1988, while Tanawan was still under treatment by Dr. Lim, he also sought
the services of Dr. Rimando Saguin to assess the extent of his disability due to the
same injury. Dr. Saguin categorized the foot injury as Grade 12 based on the Philippine
Overseas Employment Administration (POEA) Schedule of Disability.[11]
On August 25, 1998, due to the worsening condition of his right eye, Tanawan also
went to the clinic of Dr. Hernando D. Bunuan for a disability evaluation, not of his foot
injury but of an eye injury that he had supposedly sustained while on board the vessel.
[12]
Tanawan’s position paper narrated how he had sustained the eye injury, stating that on
October 5, 1997, the Chief Engineer directed him to spray-paint the loader of the
vessel; that as he was opening a can of thinner, some of the thinner accidentally
splashed into his right eye; that he was rushed to the Office of the Chief Mate for
emergency treatment; and that the ship doctor examined him five days later, and told
him that there was nothing to worry about and that he could continue working.[13]
Dr. Bunuan referred him to Dr. Tim Jimenez, an ophthalmologist, who diagnosed him to
be suffering from a retinal detachment with vitreous hemorrhage on the right eye for
which surgical repair was needed. Dr. Bunuan categorized his disability as Grade 7.[14]
On November 26, 1998, Tanawan filed in the Arbitration Branch of the NLRC a
complaint for disability benefits for the foot and eye injuries, sickness allowance,
damages and attorney’s fees against the petitioner and its foreign principal.
In its answer, the petitioner denied Tanawan’s claim for disability benefits for his foot
injury, averring that he was already fit to work based on Dr. Lim’s certification;[15] that
he did not sustain the alleged eye injury while on board the vessel because no such
injury was reported;[16] that the claim for sickness allowance was already paid when he
underwent treatment.[17]
Ruling of the Labor Arbiter
On January 21, 2000, the Labor Arbiter ruled in Tanawan’s favor, viz:
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55096
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