6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly In my opinion, despite the absence of a fracture of the dorsal lumbar spine, I will still give this patient a rating of grade 6 in terms of pain and affectation of the spinal cord.[37] No further attempt to secure the opinion of a third physician was made by the parties. Instead, respondent filed a complaint for illegal dismissal, nonpayment of salaries/wages and other benefits, disability claims, medical expenses, damages, and attorney's fees against petitioners and Maersk General Manager Jerome P. delos Angeles (delos Angeles) before the National Labor Relations Commission (NLRC) docketed as NLRC-NCR Case No. (M) 12-17087-08. In his Position Paper,[38] respondent claimed that in February 2007, while performing the difficult task of ship-to-ship mooring on deck - which involved lifting and pulling heavy wires and ropes thus placing pressure and stress on the back and spine something in his spine snapped and he felt terrible lower back pain such mat he could not stand erect or carry anything for more than a month. He averred that despite his protestations and appeals for medical intervention, petitioners - in bad faith and acting with inexcusable negligence - failed and refused to give him immediate medical attention. He was forced to continue working in spite of his injury and the excruciating pain it caused him. For this reason, his injury and pain were aggravated. It was only after two months from his injury - or in April 2007 - that he was medically attended to. Despite post-repatriation treatment and medication by the company-designated physician, his injury persisted and incapacitated him from returning to work. After consulting an independent physician, he was declared unfit for sea duty and was given a Grade 6 disability raiting. For petitioners' acts and refusal to compensate him, he suffered injury for which he should be indemnified. Thus, he prayed that petitioners be declared liable for malice or inexcusable negligence which caused the aggravation of his injury, and that they be ordered to pay him a) disability benefits corresponding to a Grade 6 rating, b) reimbursement for his medical and other expenses, c) compensation for permanent injury based on the Consolidated Workers' Compensation Act of Denmark, d) P1 million actual damages, e) P1 million moral damages, f) P1 million exemplary damages, g) 20% attorney's fees, and h) costs of suit. In their joint Position Paper,[39] petitioners and delos Angeles sought dismissal of the complaint, arguing that respondent is not entitled to a Grade 6 disability rating, but only Grade 11 as determined by the company-designated physician. They argued that it has been shown that respondent is merely malingering, feigning, and exaggerating his pain; that assuming arguendo that a different opinion was issued by an independent physician, the opinion of a third doctor should have been obtained by the parties pursuant to the provisions of the POEA[40] Standard Employment Contract.[41] Since no third opinion was obtained, then the company-designated physician's opinion prevails over the respondent's doctor's findings. They also contended that respondent is not entitled to reimbursement of his medical and other expenses, which were incurred after the company-designated physician declared his findings on September 4, 2007. Moreover, respondent is not entitled to his claim for damages, attorney's fees and costs, for being unfounded and in the absence of malice, bad faith, or negligence on their part. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61305 7/25