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stating thus:
He (respondent) was repatriated because of right flank pain and gross
hematuria. The IVP done showed mild prostatic enlargement with signs of
cystitis. Ultrasound of the KUB done revealed small mild calyseal nonobstructing stone on the left side. The recent x-ray showed neither
opacity nor filling defect. The IVP showed pyelitis (inflammation of the
kidney). The repeat ultrasound showed decrease in the size of the
echogenic focus and cyst in the upper pole of the left kidney. The right
kidney is normal. Last August 31, 2005, he underwent ESWL.
He was last seen in our clinic last October 14, 2005 and was advised to
come back on November 07, 2005 but failed to do so.
At present, the repeat urinalysis is normal. The ultrasound of the KUB
showed left renal cortical cyst and enlarged prostate gland with
concretions. Our urologist opined that Mr. Calo is now stone free and
normal.
He is now fit to work as a seafarer on account of the [absence of kidney
stones].
DIAGNOSIS:
Nephrolithiasis, left, treated
RECOMMENDATION:
He is fit to work.[24]
Ruling of the Labor Arbiter
On March 30, 2007, the Labor Arbiter issued his Decision[25] which decreed as
follows:
WHEREFORE, both respondent companies are ordered to pay, jointly and
severally, the complainant, the amount of US$60,000.00 or its peso
equivalent at the time of payment as disability compensation and
US$6,000.00 or its peso equivalent at the time of payment, as attorney’s
fees.
Other claims are DISMISSED for lack of merit.
SO ORDERED.[26]
The Labor Arbiter granted permanent total disability benefits and attorney’s fees to
respondent, but denied his claim for moral and exemplary damages.
The Labor Arbiter held that respondent suffered permanent disability as a result of
his inability to work despite undergoing treatment and medication by the companydesignated physician for more than 120 days, or from October 15, 2004 through July
18, 2006; the company-designated physician’s July 18, 2006 “fit to work” declaration
was irrelevant and belated as it was made long after the expiration of the continuous
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