9/15/21, 8:03 PM
E-Library - Information At Your Fingertips: Printer Friendly
waist area. He rested and waited for the pain to subside before finishing his task of
carrying food provisions for the ship.[6]
A few days later, Jamias complained of abdominal pain in the umbilical area, with the
pain extending to his left side.[7] The ship captain ordered that he be brought to
Telemark Hospital in Norway, where he was diagnosed with constipation and umbilical
hernia. Upon recommendation of the offshore doctor, Jamias was signed off the vessel.
He was subsequently repatriated to Manila on August 24, 2011,[8] and was admitted at
the Manila Doctor's Hospital. On August 25, 2011, the company-designated doctor
ordered him to undergo Magnetic Resonance Imaging (MRI) of the lumbosacral spine,
the result of which was reflected in the Radiographic Report, as follows:
IMPRESSION:
Disc desiccation and diffuse disc bulge with focal broad-based central disc
protrusion causing mild central canal and mild left foraminal stenoses, L5S1.
Degenerative osseous changes.[9]
On September 24, 2011, Jamias had surgery for his umbilical hernia which cleared up
his abdominal pain. Despite of this, Jamias claimed that his lower back pain persisted.
The company-designated physician dismissed this as something attributable to aging
and declared him fit-to-work as of November 12, 2011.[10] Still, Jamias went to the
local manning office to request that his back pain be medically evaluated. Instead, the
manning agent allegedly told him to submit himself to a PEME on November 15, 2011.
[11] Came January 2012, Jamias wrote two letters[12] to petitioners asking that his
back condition be evaluated. He did not receive any reply from petitioners leading him
to consult Dr. Renato P. Runas (Dr. Runas), an orthopedic specialist. Dr. Runas declared
that Jamias' lower back pain was due to the presence of a "central broad-based disc
herniation,"[13] a Grade 8 disability under the Philippine Overseas Employment
Administration (POEA) Contract. He described the impediment as moderate rigidity or
2/3 loss of motion or lifting power of the trunk. Since Jamias' job as cook involves
carrying heavy provisions and food supplies, Dr. Runas declared that his impediment
renders him unfit to resume his occupation on board the vessel.[14] Jamias resorted to
Voluntary Arbitration and demanded payment of disability benefit from petitioners.
On the other hand, petitioners refused to acknowledge any liability for Jamias' back
ailment. Petitioners contended that prior to his repatriation in August 2011, Jamias'
only complaint was abdominal pain, but not back pain. He was diagnosed with
constipation and umbilical hernia in an offshore hospital, and these conditions were
medically resolved after his September 2011 surgery in Manila. As for the back pains,
petitioners alleged that Jamias never complained about this during the time that he was
under the care of the company-designated physician. Also, the back ailment was not
disclosed by Jamias in his subsequent PEME conducted in November 2011. These
circumstances, according to petitioners, freed them from any liability for Jamias'
subsequently acquired back illness.
THE PANEL OF VOLUNTARY ARBITRATORS' RULING
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/67077
2/12