Dr. Lim on June 26, 1997 and that of Dr. H. R. Varwig, company-designated
physician of PPI, embodied in a letter dated August 7, 1997 sent to PPI with the
assessment of Bastol’s disability at Grade 6 according to the Department of Labor
and Employment (DOLE) and the Philippine Overseas Employment
Administration (POEA) Schedule of Disability or Impediment. Bastol, assisted by
counsel, signed the settlement conforme with PPI on January 22, 1998. The
settlement, however, did not materialize due to the cancellation of the coverage by
PIC of PSL’s vessel M/V Felicita.
Even after Bastol already filed the instant case on May 8, 1998, Jarmin, Jr.
of OSCI instructed him to execute a SPA to authorize them to represent him
(Bastol) in the auction sale of SPL’s vessel M/V Felicita. Forthwith, Bastol
executed an SPA in favor of Jarmin, Jr. on August 12, 1998. Unfortunately, Bastol
was later informed by Jarmin, Jr. that the amount they recovered from the auction
sale of PSL’s vessel was not enough to cover his disability claim. Thus, with the
collapse of the settlement agreement, Bastol was left with no option than to pursue
the instant action. And in support of his medical finding of Grade 1 (120%)
disability, Dr. Vicaldo executed an Affidavit on May 10, 2001.
OSCI vehemently objected31[31] to Bastol’s Manifestation/Compliance and
the documentary evidence appended thereto.
31[31] Id. at 112-116, Most Vehement Objection to Complainant��s
Manifestation/Compliance with Reiteration of Motion to Dismiss, dated November 26, 2001.