4/9/2020
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hematoma.[9]
Intending to get his sixth contract, Tomacruz, armed with the declaration that he was
fit to work, proceeded to the office of the petitioners to seek employment. However, he
was told by PHILASIA that because of the huge amount that was spent on his
treatment, their insurance company did not like his services anymore.[10]
Nagging in Tomacruz’s mind was the veracity of his “fit to work” declaration. Thus, he
sought the medical opinion of another physician, Dr. Efren R. Vicaldo, who, on
September 9, 2003, stated the following findings in a Medical Certificate[11]:
Nephrolithiasis, bilateral
S/P ESWL, right 1x
S/P ESWL, left 3x
Impediment Grade VII (41.80%)
Accompanying the Medical Certificate was a “Justification of Impediment Grade VII
(41.8%) for Seaman Andres G. Tomacruz,”[12] which provided:
This patient/seaman is a known case of bilateral nephrolithiasis since
1999.
Sometime in 1999, he underwent right nephrolithotomy at St. Luke’s
Medical Center.
[I]n September, 2002 he had gross hematuria for which he was seen
and evaluated in Japan. Renal ultrasound revealed small right kidney
stone.
Apparently, he had recurrent bilateral renal stones for which he
underwent ESWL once for his right kidney stone and ESWL three times
for his left kidney stone.
Latest ultrasound however still revealed bilateral kidney stones; his
latest creatinine is also slightly elevated.
He is now unfit to resume work as seaman in any capacity.
His illness is considered work aggravated.
He has to regularly monitor his renal function status to make sure he
does not progress to renal failure.
Worsening of his symptoms may require repeat ESWL procedures.
Pain is a common accompanying symptom of nephrolithiasis and this
patient is expected to have recurrent colicky pains.
Secondary infection is also common in patients with renal stones. This
obviously impairs his quality of life.[13 ]
Months later, or on November 3, 2003, Tomacruz filed a complaint for disability
benefits, sickness wages, damages, and attorney’s fees against the petitioners, before
the Quezon City Arbitration Branch of the NLRC. This was docketed as OFW Case No.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55083
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