4/9/2020
E-Library - Information At Your Fingertips: Printer Friendly
Upon repatriation, Lobusta was referred to Metropolitan Hospital. The medical
coordinator, Dr. Robert Lim, issued numerous medical reports regarding Lobusta’s
condition. Lobusta was first seen by a Pulmonologist and an Orthopedic Surgeon on
May 22, 1998.[8] Upon reexamination by the Orthopedic Surgeon on August 11, 1998,
he opined that Lobusta needs surgery, called decompression laminectomy,[9] which was
done on August 30, 1998.[10] On October 12, 1998, Dr. Lim issued another medical
report stating the opinion of the Orthopedic Surgeon that the prognosis for Lobusta’s
recovery after the spine surgery is good. However, the Pulmonologist opined that
Lobusta’s obstructive airway disease needs to be monitored regularly and that Lobusta
needs to be on bronchodilator indefinitely. Hence, Lobusta should be declared disabled
with a suggested disability grading of 10-20%.[11] The suggestion was not heeded and
Lobusta's treatment continued.
On February 16, 1999, Lobusta was reexamined. Dr. Lim reported that Lobusta still
complains of pain at the lumbosacral area although the EMG/NCV[12] test revealed
normal findings. Lobusta was prescribed medications and was advised to return on
March 16, 1999 for re-evaluation.[13]
On February 19, 1999, Dr. Lim reported that Lobusta has been diagnosed to have a
moderate obstructive pulmonary disease which tends to be a chronic problem, such
that Lobusta needs to be on medications indefinitely. Dr. Lim also stated that Lobusta
has probably reached his maximum medical care.[14]
Petitioners “then faced the need for confirmation and grading by a second opinion” and
“it took the parties time to agree on a common doctor, until they agreed on Dr. Camilo
Roa.”[15] Dr. Roa’s clinical summary states that Lobusta's latest follow-up check-up was
on December 16, 1999; that Lobusta is not physically fit to resume his normal work as
a seaman due to the persistence of his symptoms; that his asthma will remain
chronically active and will be marked by intermittent exacerbations; and that he needs
multiple controller medications for his asthma.[16]
As the parties failed to reach a settlement as to the amount to which Lobusta is
entitled, Lobusta filed on October 2, 2000, a complaint[17] for disability/medical
benefits against petitioners before the National Labor Relations Commission (NLRC).
Sometime in October 2000, Magsaysay Maritime Corporation suggested that Lobusta be
examined by another company-designated doctor for an independent medical
examination. The parties agreed on an independent medical examination by Dr.
Annette M. David, whose findings it was agreed upon, would be considered final.
On November 17, 2000, Dr. David interviewed and examined Lobusta.[18] Pertinent
portions of Dr. David’s report read:
xxx Based on the Classes of Respiratory Impairment as described in
the American Medical Association's Guidelines for the Evaluation of
Permanent Impairment, this is equivalent to Class 2 or Mild
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/24827
2/13