6/7/2020
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Officer immediately applied paraffin gauze and prescribed antibiotics to petitioner to
prevent infection. Petitioner was then brought to a hospital in China on November 18,
2011 for removal of the damaged tissue and repair of his finger.
On November 27, 2011, petitioner was repatriated and referred to the companydesignated physician, Dr. Benigno Agbayani, Jr. (Dr. Agbayani), at the Manila Doctors
Hospital. Dr. Agbayani found that there was a failed replantation of petitioner's injured
finger; thus, amputation was recommended. On November 30, 2011, petitioner
underwent "tenolysis, amputation of left index finger" and was discharged from the
hospital on December 3, 2011. Thereafter, he was subjected to physical and
occupational therapy sessions. In a Final Out Patient Consult Report[8] elated May 11,
2012, Dr. Agbayani assessed petitioner with a Grade 11 disability, but declared him as
"fit to return to work as seafarer." Dr. Agbayani's Report states:
Final Diagnosis: Amputation/Removal of non viable replanted finger and wound closure
left index finger.
Recommendation: Our patient is now fit to return to work as a seafarer.
Compensation grading: Our patient's schedule of impediment based on the POEA
schedule equivalent to 'Total loss of index finger' or Grade 11.
Notwithstanding Dr. Agbayani's "fit to work" recommendation, petitioner continued to
feel persistent pain on his left hand, rendering him incapable to close it or carry even
light objects with it. Thus, on June 22, 2012, he wrote a letter[9] to respondent
Magsaysay requesting further treatment.
Not receiving any response, petitioner wrote another letter[10] on July 9, 2012
informing respondent Magsaysay of his intention to seek a second opinion from another
doctor to determine his true condition. Respondents, however, referred him back to Dr.
Agbayani, who saw petitioner on July 10, 2012 and noted a contracture of the 3[rd],
4[th], and 5th fingers on his left hand. Dr. Agbayani then recommended another ten
(10) sessions of physical therapy for petitioner.[11]
Meanwhile, on July 31, 2012, petitioner went to another orthopedic surgeon, Dr. Manuel
Fidel M. Magtira (Dr. Magtira), who found him permanently disabled with a Grade 9
impediment. Dr. Magtira explained in detail his diagnostic conclusion that the lefthanded petitioner is unfit for further sea duties in any capacity:
On physical examination, the patient is ambulatory and well nourished. Me
complained of tenderness on the left hand. There is amputation of the distal
phalanx with the presence of wound on the stump of 2nd digits of the left
hand. There is limitation of motion on his 3rd, 4th, 5th digit with loss of
[gripping] power of the left hand was observed. Patient is positive for
phantom limb on the tip of index finger on the left hand.
Mr. Tamin remains incapacitated. Despite his previous surgeries, he is still
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