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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
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