4/9/2020 E-Library - Information At Your Fingertips: Printer Friendly 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 2/11

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