4/9/2020 E-Library - Information At Your Fingertips: Printer Friendly 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 2/15

Select target paragraph3