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15, 2004, he was repatriated for further medical treatment.[12]
On August 18, 2004, Simbajon consulted an endocrinologist designated by Magsaysay
from the Alegre Medical Clinic. The series of medical tests performed on him confirmed
that Simbajon had DM Type II. After a prescription for insulin treatments and oral
medication, he was advised to return for a follow-up check-up.[13]
On October 4, 2004, Simbajon again consulted the company-designated doctor and his
illness was found to be asymptomatic. Nonetheless, the attending physician advised
him to continue with his medication.
A month after, or on November 4, 2004, Simbajon reported again to the Alegre Medical
Clinic. His laboratory results this time disclosed that his glucohemoglobin, serum
glutamic pyruvic transaminase and serum glutamic-oxaloacetic transaminase levels
were normal. Despite these findings, the doctors still advised him to continue with his
daily insulin regimen.[14]
On two more dates, November 26, 2004 and January 3, 2005, Simbajon was again
evaluated to be asymptomatic for DM Type II; thus the doctors reiterated their
recommendation that he continue his oral medications. Simbajon had another medical
check-up on January 11, 2005 and on this date, his fasting blood sugar and hemoglobin
levels were already found to be normal. Subsequently, on February 2, 2005, he
underwent another medical evaluation and his tests revealed normal results. Because
of these positive developments, the company-designated physician opined on the same
date that Simbajon’s DM Type II was already under control. The physician also
declared him “fit to work”.[15]
Simbajon was paid his illness allowance from the time of his disembarkation on August
15, 2004 until February 2, 2005, the date when he was declared “fit to work” by the
company-designated physician.[16]
Despite the “fit to work” declaration of Magsaysay’s designated physician, Simbajon
was not rehired by petitioners.[17] Dissatisfied with the company-designated physician’s
medical opinion, Simbajon sought a second opinion from Dr. Efren R. Vicaldo, an
internal medicine doctor from the Philippine Heart Center. After conducting a series of
tests, Dr. Vicaldo gave the following diagnosis on May 6, 2005:
Diabetes mellitus II
Diabetic retinopathy, mild
Impediment Grade VI (50.00%)[18]
Aside from giving a Grade VI (50%) rating to Simbajon’s resulting disability, Dr. Vicaldo
opined that Simbajon’s DM Type II was “work-aggravated/related” and that “he is now
unfit to resume work as a seaman in any capacity”.[19] Based on this medical
assessment, on August 16, 2005, Simbajon filed with the LA a complaint for disability
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57289
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