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Health Associates in Singapore for further evaluation and treatment. The result of the
x-ray examination conducted on him revealed that he has lumbar muscular spasm with
disc degeneration at L2/L3 and L5/S1 levels and thoracic spondylosis with disc
degeneration from T4/T5 to T7/T8.[10] While the attending physician declared him fit
for light duties only,[11] he was subsequently recommended for repatriation to Manila
for further treatment.[12]
Upon Pastor's arrival in the Philippines on September 18, 2006, he was referred to the
company-designated physician, Dr. Leticia Abesamis (Dr. Abesamis). On October 2,
2006, Dr. Abesamis diagnosed him to have Thoraco Lumbar spine nerve impingement,
R/O herniated disc.[13] She then referred Pastor for Magnetic Resonance Imaging (MRI)
at the Makati Medical Center and to Dr. Antonio Acosta, Jr., who later advised him not
to carry heavy objects as it might collapse his T-5 vertebral body.
While undergoing treatment, or on November 7, 2006, Pastor filed a complaint[14]
against petitioners for permanent disability compensation in the sum of US$78,750.00
pursuant to the Associated Marine Officers' and Seamen's Union of the Philippines
(AMOSUP)/ ITF TCCC CBA,[15] sickness wages for 120 days, moral and exemplary
damages, attorney's fees and other benefits as provided by law.
Parties' Respective Positions
Pastor claimed that the lapse of 120 days from the time of bis repatriation without any
disability grading being issued by the company-designated physician, coupled by his
worsening lumbar pain despite continuous treatment, rendered him permanently unfit
for sea duties. In support of this, he presented a medical certificate dated April 17,
2007[16] issued by the Seamen's Hospital attesting to his unfitness for sea service due
to work-related total disability.
For their part, petitioners countered that except for his bare allegations, Pastor had not
proffered sufficient evidence to support his claim that his spinal disc degeneration or
osteoarthritis is work-related or was aggravated by his working conditions. While
admitting that osteoarthritis is considered as a work-related disease under the
provisions of the POEA-Standard Employment Contract (SEC), they argued that Pastor
has not satisfactorily established any of the conditions for compensability. For one, his
work as a messman does not entail heavy physical labor as to have caused his illness.
This only means that his ailment is a pre-existing disease.
Petitioners also asserted that Pastor cannot claim permanent disability compensation
based on his mere inability to work for more than 120 days because a seafarer is only
entitled to full disability benefits if he has been assessed with Grade I disability. If no
such assessment has been made, the seafarer is not entitled to disability compensation
even if he was unable to perform his job for more than 120 days. Petitioners further
asserted that they are not liable for sickness allowance, damages and attorney's fees
for they have already fulfilled their obligations in good faith by providing Pastor with
medical assistance.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60848
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