6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly instability of the joint.” He advised Montierro to continue with the latter’s physical therapy and oral medications.[10] Montierro further underwent sessions of treatment and evaluation between 17 September 2010 and 28 December 2010.[11] On 3 January 2011, the 213th day of Montierro’s treatment, Dr. Alegre issued a final assessment as follows: Subjective Complaints: Cannot flex the knee to 100% No swelling noted Limited range of motion of right knee Assessment: Medial Meniscal Tear, Knee Right S/P Arthroscopic Meniscectomy Plan: Disability Grade of 10 is given based on section 32 of the POEA contract. Lower Extremities #20, stretching leg of the ligaments of a knee resulting in instability of the joint. x x x[12] Meanwhile, on 3 December 2010, one month before Dr. Alegre’s issuance of the final disability grading, Montierro filed with the labor arbiter a complaint for recovery of permanent disability compensation in the amount of USD89,000, USD2,100 as sickness allowance, plus moral and exemplary damages and attorney’s fees.[13] To support his claim for total permanent disability benefits, Montierro relied on a Medical Certificate dated 3 December 2010 issued by his physician of choice, Dr. Manuel C. Jacinto, recommending total permanent disability grading, and explaining the former’s medical condition as follows: Patient’s condition started at work when he accidentally fell from a ladder causing his (R) knee to be twisted. Patient’s symptoms of pain and limited flexion of (R) knee persisted, thus he was assessed to be physically unfit to go back to work.[14] LA AND NLRC RULINGS In a Decision dated 29 June 2011, the LA held that Montierro was entitled to permanent total disability benefits under the Philippine Overseas Employment Agency Standard Employment Contract (POEA-SEC). The LA relied on the 120-day rule introduced by the 2005 case Crystal Shipping, Inc. v. Natividad.[15] The rule equates the inability of the seafarer to perform work for more than 120 days to permanent total disability, which entitles a seafarer to full disability benefits.[16] The LA also awarded elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58779 2/9

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