5/19/2021
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foregoing, the company-designated physician, Dr. Margarita Justine O. Bondoc (Dr.
Bondoc), in a private and confidential Medical Report[12] dated March 23, 2015,
informed TMC that Salas' diabetes mellitus is "usually familial/hereditary," while his
gouty arthritis "is a metabolic disorder secondary to a defect in purine metabolism
and/or high purine diet," and hence, declared the same to be not work-related.[13]
After a series of follow-up check-ups, the company-designated physician, in a Medical
Report[14] dated May 4, 2015, replied that Salas' range of motion on both knees were
already normal with no swelling and noted the specialist's opinion that the former was
"cleared mihopedic wise." For this reason, Salas was directed to undergo repeat
laboratory examinations and to return on May 18, 2015 for his next follow-up check up.
[15] However, records fail to disclose whether or not the same was conducted or that
there was any further update on the status of Salas' medical condition.
For his part, Salas claimed that his medical treatment was discontinued despite the fact
that he was still suffering from bilateral knee pain and that his request for continued
medical assistance was denied without furnishing him copies of his medical records or
definite assessment. Consequently, Salas was compelled to consult an independent
physician, Dr. Victor Gerardo E. Pundavela (Dr. Pundavela), who, in a Medical
Certificate[16] dated July 23, 2015, diagnosed him to have "Degenerative Osteoarthritis
with Gouty [A]rthritis, bilateral knee; NTDDM controlled." Dr. Pundavela pointed out
that aside from Salas' chronically elevated blood uric acid levels, the knee pain could be
brought about by repeated stresses and strains to his knees while performing his tasks
as a Second Officer. He explicated that joint stresses from prolonged standing and, at
times, faulty work posture cannot be avoided and may have taken a toll on Salas'
knees. Considering that Salas' bilateral knee pain significantly decreased his activity
tolerance and can no longer be returned to his pre-injury capacity, he was found to be
unfit to work as a seafarer.[17]
Hence, Salas filed a complaint[18] for disability benefits, moral and exemplary
damages, and attorney's fees against TMC, TSL, and Egbert M. Ellema (respondents)
before the NLRC, docketed as NLRC NCR Case No. (M) 11-13007-15.
In their defense, respondents countered that Salas is not entitled to disability benefits
as provided under the 2010 Philippine Overseas Employment Administration-Standard
Employment Contract (POEA-SEC) since his diabetes mellitus was declared by the
company-designated physician to be not work-related, while his gouty arthritis, aside
from also not being work-related, was a pre-existing illness. They likewise denied the
claims for damages and attorney's fees for lack of factual and legal bases.[19]
The Labor Arbiter Ruling
In a Decision[20] dated June 28, 2016, the Labor Arbiter (LA) ruled in favor of Salas,
ordering respondents to jointly and severally pay him US$60,000.00 representing total
and permanent disability benefits, as well as ten percent (10%) attorney's fees. The
other claims were dismissed for lack of merit.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66379
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