3/31/2021
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In the present case, both the Labor Arbiter and the CA gave more weight to the
diagnosis of Dr. Magtira, who stated in his Medical Report dated March 10, 2016 that:
Ms. Briones continues to complain and suffer from back pain. The pain is
made worse by prolonged standing and walking. She has difficulty climbing
up and down the stairs. She has lost her pre-injury capacity and is UNFIT to
work back at her previous occupation. Ms. Briones is now permanently
disabled.
The intervertebral discs are cartilaginous plates surrounded by fibrous ring,
which lie between the vertebral bodies and serve to cushion them. Through
degeneration, wear and tear, or trauma, the fibrous tissue (annulus fibrosus)
constraining the soft disc material (nucleus pulposus) may tear. These
results in protrusion of the disc or even extrusion of disc material into the
spinal canal or neural foramen. This has been called herniated disc, ruptured
disc, herniated nucleus pulposus, or prolapsed disc.
The disc act as cushions between our vertebral bones, and as a part of
walking upright and placing stress upon our backs, these discs can start to
wear out. This is similar to a tire of a car. If your (sic) drive around a car
long enough, the tire will begin to go bald. A degenerative disc is similar to a
balding tire. Sometimes, a bald tire can become a flat tire, just as a
degenerative disc can tear and become a rupture disc. A degenerative disc
can cause problems in two ways then. It can cause local pain, if it occurs in
the neck it can cause neck pain, and if it occurs in the back it can cause
back pain. A degenerative disc can irritate an adjacent nerve causing pain to
radiate into an extremity.
When the degenerative changes are minimal, one may assume that
relatively severe trauma is required to cause tear. When degenerative
changes in the annulus are advanced, minimal trauma such as simple
forward bending and twisting may cause tear. The significance of this
posterior bulge of the degenerated disc is that this is the area where the
nerves run that supply the extremities. This patient has been complaining of
back pain. The vast majority of patients responded well to non-surgical
treatment though. Probably the most important of which is time, that is to
say, that no matter what is done, most cases of acute back and neck pain
slowly resolve if given enough time to get better. Active interventions include
the use of medications, exercise/therapy, and activity modifications. If a
long term and more permanent result are desired however, she should
refrain from activities producing torsional stress on the back and those that
require repetitive bending and lifting. Things Ms. Briones is expected to do
as a Sea Woman.
Some restriction must be placed on Ms. Briones['] work activities. This is in
order to prevent the impending late sequelae of her current condition. She
presently does not have the physical capacity to return to the type of work
he (sic) was performing at the time of her injury. She is therefore
permanently UNFIT in any capacity to resume her sea duties as a Sea
Woman.[30] (Emphasis in the original)
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66202
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