5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly hospital on/from October 9, 2003 to ____________ with the following findings and/or diagnosis/diagnoses: Hypertensive Cardiovascular Disease Diabetes Mellitus S/P Cerebrovascular accident, left hemiparesis, secondary Impediment Grade VI (50%)[16] The document with the heading “Justification of Impediment Grade VI (50%) for Seaman Pedro L. Libang, Jr.” that was attached to Dr. Vicaldo’s medical certificate provided the following details: xxxx When examined, [Libang’s] blood pressure was elevated at 140/90 mmHg. He had left-sided motor deficit on the upper and lower extremities. He is now unfit to resume work as seaman in any capacity. His illness is considered work aggravated. He requires lifetime maintenance medication both for hypertension and diabetes. This will prevent recurrence of stroke and the occurrence of other cardiovascular complications such as coronary artery disease and congestive heart failure. He is not expected to land a gainful employment given his medical background. He needs regular monitoring of his fasting blood sugar and renal function to preempt possible renal complication.[17] Per an affidavit executed by Dr. Lim on July 16, 2004, Libang still regularly received medical treatment and supervision from Dr. Lim’s clinic until January 5, 2004.[18] On January 16, 2004, Libang filed with the National Labor Relations Commission (NLRC) – National Capital Region Arbitration Branch a Complaint[19] for disability benefit, damages and attorney’s fees against ISMI and Santos. The respondents in the labor complaint disputed any liability by arguing that the disability benefit being claimed pertained to a pre-existing illness that was concealed by Libang during a pre-employment medical examination for his deployment in 2002.[20] The Ruling of the Labor Arbiter On September 24, 2004, Labor Arbiter (LA) Cresencio G. Ramos, Jr. rendered his Decision[21] granting Libang’s claim for disability benefit. The LA justified the award by explaining that: elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57645 3/13

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