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fracture of the right medical condyle. Thus, he was recommended to undergo major
knee surgery. Respondents insisted that Oscares should shoulder the cost of his
surgery. Since his protests fell on deaf ears, he was compelled to undergo the
necessary surgery on December 29, 2016. Oscares also shouldered his physical
rehabilitation which ensued thereafter. Nonetheless, he was required to report to NGC.
[9]
On March 16, 2016, NGC issued an interim disability assessment of Grade 10-complete
immobility of a knee joint in full flexion. However, Oscares' attending physician in
Seamen's Hospital, Iloilo declared him unfit for duty on April 12, 2016. The removal of
his plates was recommended thereafter.[10]
On July 28, 2016, Dr. Nicomedes G. Cruz (Dr. Cruz) issued a final disability assessment
of Grade 10 for Oscares. Oscares then sought the opinion of Dr. Manuel Magtira, an
orthopaedist, who issued a medical report[11] dated July 12, 2016 recommending
permanent disability and considered him permanently unfit in any capacity for further
sea duties. Dr. Victor Pundavela (Dr. Pundavela), another doctor consulted by Oscares,
issued a medical report[12] on July 14, 2016 likewise stating that he is permanently
disabled and unfit for sea duty in any capacity.[13]
Consequently, Oscares sent a demand letter[14] dated July 25, 2016 to respondents for
a copy of his final assessment and referral to a third doctor. Since respondents took no
action, he filed a notice to arbitrate against them. After mandatory
conciliation/mediation, they reached a deadlock.[15]
On July 14, 2017, the Panel ruled that Oscares is entitled to total and permanent
disability benefits worth US$131,797.00 based on the Collective Bargaining Agreement
(CBA). In addition, it awarded moral damages of P100,000.00 for respondents' gross
negligence in its delay in addressing and refusing to shoulder the medical needs of
Oscares, as well as for circumventing the provisions of the POEA-Standard Employment
Contract (POEA-SEC) and the CBA. The Panel likewise awarded ten percent (10%) of
the total award as attorney's fees since he was compelled to incur litigation expenses to
protect his rights.[16]
According to the Panel, a work-related injury is one arising out of and in the course of
employment. An injury occurs in the course of employment when it takes place within
the period of employment, at a place where the employee reasonably may be in the
performance of his duties, and while fulfilling those duties or engaged in something
incidental thereto.[17] Under the personal comfort doctrine,[18] acts of personal
ministration for the comfort or convenience of the employee is an incident of
employment. Thus, the Panel held that when Oscares suffered from his injury, he was
engaged in an act necessary to his physical well-being and incidental to his
employment.[19]
The Panel also found no evidence to show that respondents gave Oscares a copy of his
final disability assessment. Moreover, Dr. Cruz was not an expert on Oscares' case since
his area of expertise is general and cancer surgery. The Panel was more convinced with
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66954
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