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and resumed his steward duties.[15] However, on October 15, 2013, Narbonita was
carrying a guest's luggage when he heard a sudden snap on his right leg that radiated
excruciating pain up to his knee.[16] By the end of the month, Narbonita was medically
repatriated due to re-tear of meniscus.[17]
Upon his return to the country, Narbonita was placed under the care of the companydesignated physician and was again made to undergo an MRI.[18] On November 13,
2013, the company-designated physician informed Narbonita that based on the MRI
result, there was no re-tear in his right knee.[19] On even date, Narbonita submitted
the MRI result to CF Sharp for proper advice and recommendation.[20] The Legal
Claims Manager of CF Sharp informed Narbonita that based on the company-designated
physician's evaluation, he was fit to work and offered financial assistance in the amount
of US$10,000.00.[21] Narbonita rejected the offer and sought a second opinion in the
person of Dr. Ambrosio Valdez (Dr. Valdez).[22] After personally examining and
extensively reviewing Narbonita's medical records, Dr. Valdez declared Narbonita as
permanently
disabled
to
resume
his
seafarer
duties.[23]
Thereafter,
Narbonita
communicated his willingness to get a third doctor's opinion to CF Sharp.[24] Narbonita,
together with a representative from CF Sharp, went to see an orthopedic doctor at the
Philippine Orthopedic Center in Banawe, Quezon City, but the said physician declined to
issue a medical report.[25] Aggrieved, Narbonita submitted himself to Dr. Renato P.
Runas (Dr. Runas), an orthopedic surgeon, for a final disability assessment.[26] Dr.
Runas issued a Medical Evaluation Report[27] finding Narbonita as permanently disabled
and physically unfit to work as a seaman. On the basis thereof, Narbonita filed a
complaint[28] against petitioners claiming permanent and total disability benefits.
In their Reply,[29] petitioners prayed for the dismissal of the complaint arguing mainly
that Narbonita's ailment was not work-related and that the illness was a preexisting
condition, hence, did not arise during the term of his employment contract.
Ruling of the LA
The LA awarded permanent and total disability benefits to Narbonita after finding that:
(1) in a Medical Report dated June 19, 2013 no less than the petitioners' companydesignated physician admitted that Narbonita suffered from medial meniscus tear; and
(2) after only about two months, the company-designated physician declared Narbonita
as fit to work when he submitted himself for PEME for his subsequent employment
contract. The LA faulted the petitioners for prematurely pronouncing Narbonita, who
was then still recuperating from his knee surgery, as fit to work for another
employment as a seafarer. The LA reckoned that petitioners cannot now interpose the
defense of pre-existing condition in order to avoid liability to Narbonita. Further, the LA
opined that since Narbonita was unable to resume his sea duties for more than 120
days from repatriation, he is therefore entitled to permanent and total disability
benefits.
Thus, in the dispositive portion of its Decision dated August 29, 2014, the LA wrote:
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