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vessel. Upon docking of the vessel at the nearest port, petitioner was admitted at
the Taj Mahal Medical Complex, Ltd., Hamdard University Hospital, in Karachi,
Pakistan, where he was diagnosed to be suffering from cervical spondylosis and heat
exhaustion. He was thereafter repatriated.[9]
On July 30, 2008, a day after his return to the country, petitioner was admitted at
the Metropolitan Medical Center. On August 2, 2008, petitioner was diagnosed to be
suffering from cervical and lumbar spondylosis, chronic L5 spondylosis and Grade 1
spondylolisthesis. As a result, he was prescribed several medicines and was advised
to continue his rehabilitation on an out-patient basis. Following orders from the
company-designated physician, petitioner continued his treatment and rehabilitation
and had regular check-ups twice a month from August to October 2008. While his
back improved, he continued to suffer from on and off bouts of pain on his neck.[10]
On November 6, 2008, the company-designated physician conducted a repeat EMGNCV study on petitioner and found that he was suffering from “L5 riduculopathy.” As
a result, petitioner was advised to continue the rehabilitation and to return after
three (3) weeks,[11] suggesting at the same time the following disability grading:
Suggested disability grading is Grade 12 (neck) – slight stiffness of the
neck and Grade 11 (chest-trunk-spine) – slight rigidity or 1/3 loss of
motion or lifting power of the trunk.[12]
Per suggestion, petitioner reported for his check-up in December 2008 and,
thereafter, was advised to continue with his medication.[13]
On January 6, 2009, petitioner again complained of back pains. An examination by
the company-designated physician revealed the following observations: “a limitation
of motion of the left shoulder towards abduction and flexion; muscle spasm on
bilateral upper back and paracervical area; muscle strength of 4/5, left upper
extremity and 5/5 both lower extremities with no sensory deficit noted; and empty
can test is positive on the left.”[14] Petitioner was advised to continue his physical
therapy and medication and to report back on February 3, 2009 for re-evaluation. All
this time, respondents shouldered petitioner’s medical expenses.[15]
He
also
continued to receive his basic wage.[16]
This time, however, petitioner no longer reported back to the company-designated
physician. Instead, he sought the opinion of his own physician, Dr. Nicanor F. Escutin
(Dr. Escutin). During the consultation, petitioner informed Dr. Escutin that
x x x At the Metropolitan Medical Center, upon thorough examination, he
was diagnosed to have (sic) herniated disc at the cervical and lumbar
spine. So he was recommended for operation but he (sic) has doubts
about it. The plan (sic) operation is to remove the disc that was pressing
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