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[46] CA rollo, p. 221.
[47] On 29 March 2010, Dr. Bacungan wrote:
“This has reference to your inquiry regarding a 51 year chief officer who suffered from
gangrenous right big toe after an accident that requred surgery, partial amputation of
the right big toe, which is already healed according to the attending doctor. In my
medical opinion the partially amputated right big toe will not interfere with his position
and job as chief officer.” (Id. at 335)
On 7 April 2010, Dr. Gutay wrote:
“Absence of big toe is not a disqualifier for sea service as it does not necessarily affect
functional capacity of the lower extremity or functional capacity of the feet. Likewise, it
does not put an individual in any additional risk for injury or disable him from
performing safety sensitive functions.
Further, there is no medical fitness standards for sailors that make absence of big toe a
disqualifier for sea service.” (Id. at 336)
On 29 April 2010, Dr. Bacungan again wrote:
“This has reference to your inquiry regarding the case of Dario Carcedo, who underwent
amputation of the first and second toe of the left foot.
According to our Orthopedic Surgeon, Dr. Albert Dy, the above patient can still assume
his work as seaman provided the nature of his job is supervisory.” (Id. at 334)
[48] Id. at 184.
[49] CA rollo, p. 125. The table of Degree of Disability and Rate of Compensation is also
quoted above.
[50] Rollo, p. 50.
[51] G.R. No. 194362, 26 June 2013, 700 SCRA 53.
[52] Id. at 67.
[53] G.R. No. 195832, 1 October 2014; quoting Bahia Shipping Services, Inc. v.
Constantino, G.R. No. 180343, 9 July 2014.
Source: Supreme Court E-Library
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/59949
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