9/15/21, 8:03 PM
E-Library - Information At Your Fingertips: Printer Friendly
Faced with conflicting claims, the Panel of Voluntary Arbitrators (PVA) of the National
Conciliation and Mediation Board, Department of Labor and Employment, ordered
Jamias to submit himself to an examination by a third doctor. For this purpose, the
parties were required to submit 3 names of qualified physicians. From the list of the
nominees, the parties chose Dr. Samuel M. Grozman (Dr. Grozman). The issue to be
determined by Dr. Grozman was limited to whether Jamias' broad-based herniated disc
at L5-S1 which is causing the low back pain, is a necessary consequence, or even
remotely related to his umbilical hernia that had already been medically resolved.[15]
Dr. Grozman disclosed his findings in the medical certificate dated August 2, 2013, and
we quote:
Mr. Antonio R. Jamias was seen at my clinic last July 12, 2013 for low back
pain. The patient claims to have had this pain since August 2011. On
examination he has severe limitation of truncal flexion and extension. Both
lower extremities were graded 5/5 and he had equivocal straight leg raising
test.
My impression was low back pain with radiculopathy 2° to Degenerative Disc
Disease, L5-S1. I confirmed my diagnosis with a repeat MRI and an EMG
NCV study.
I was asked to comment on one issue:
"Whether (complainant's) broad based herniated disc at LS-S1
which is causing the moderate or low back pain is a necessary
consequence or even remotely related to his umbilical hernia that
had already been medically resolved".
To my knowledge there is no reported literature of an umbilical hernia that
can cause a broad based herniated disc.
This certificate is issued upon the request of the patient.[16]
After considering Dr. Grozman's medical report and the pleadings submitted by the
parties, the PVA issued an Award[17] in favor of Jamias, thus:
WHEREFORE, award is hereby rendered directing respondents Blue Manila,
Inc. and/or Oceanwide Crew Management, Inc. to jointly and severally pay
complainant Antonio R. Jamias, the amount of US Eighty Thousand Dollars
(US$80,000.00) or its peso equivalent at the time of payment as disability
benefits plus ten percent (10%) thereof as attorney's fees.
All other claims are DISMISSED for lack of merit.
SO ORDERED.[18]
Aggrieved, petitioners went to the CA to question the PVA's Award, as well as the
Order[19] dated December 26, 2013, which denied their motion for reconsideration.
THE COURT OF APPEALS' RULING
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/67077
3/12