3/25/2021
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given to private respondent enabled the Manila Doctors Hospital specialists to acquire a
detailed knowledge and familiarity with private respondent's medical condition.[14] No
doubt such specialized knowledge enabled these physicians to arrive at a much more
accurate appraisal of private respondent's condition, including the degree of any
disability which he might have sustained, as compared to another physician not privy to
private respondent's case from the very beginning. Thus, the appellate court was not
mistaken in giving more weight to the certificate issued by Dr. Nanette Domingo-Reyes
of the Manila Doctors Hospital dated December 4, 1996, than to the one issued by Dr.
Victoria Florendo Cayabyab.
On the strength of Dr. Domingo-Reyes's medical certificate which stated that private
respondent "can be classified under partial permanent disability and is not fit to go
back to his previous work due to his mental state," the labor arbiter awarded
$25,000.00 as disability benefits, which award was upheld by the NLRC and the
appellate court. Petitioners insist that there is no factual basis for the award of
$25,000.00 since there is no finding as to the grade of permanent partial disability
sustained by private respondent, in accordance with Appendix 1 of the Standard
Employment Contract (Schedule of Disability or Impediment For Injuries Suffered and
Diseases or Illness Contracted), and therefore, no means of determining the exact
amount of compensation to which private respondent may be entitled.[15]
The Court does not agree with petitioners' position. Under the Standard Employment
Contract the grade of disability suffered by the seaman must be ascertained in
accordance with Appendix 1 of such contract, which is partially reproduced herein Appendix 1
SCHEDULE OF DISABILITY OR IMPEDIMENT
FOR INJURIES SUFFERED AND OR ILLNESS CONTRACTED
HEAD
Traumatic head injuries that result to:
1.
Apperture unfilled with bone not over three (3)
inches without brain injury
Gr. 9
2.
Apperture unfilled with bone over three (3)
inches without brain injury
Gr. 3
3.
Severe paralysis of both upper or lower
extremities or one upper and one lower
extremity
Gr. 1
Moderate paralysis of two (2) extremities
producing moderate difficulty in movements
with self care activities
Gr. 6
4.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/50003
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