5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly 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 2/10

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