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the next day to a doctor who had him undergo an X- ray examination. Although the
examination showed no fracture or dislocation,[5] petitioner was declared unfit for work
for four days and subsequently resumed working after being prescribed pain
medication. Complaining of worsened pain caused by a suspected lump close to his
armpit which he claimed to have suffered since the first week of September 2007,
petitioner underwent another X-ray examination on 18 October 2007 while the vessel
was dry-docked. Because the result revealed a possible scapular fracture and soft
tissue mass in his upper right arm, petitioner was declared unfit for duty by the doctor
who also recommended his repatriation.[6] Petitioner signed off from the vessel on 24
October 2007 and arrived in the Philippines two days thereafter.[7]
On 27 October 2007, respondents referred petitioner to the company-designated clinic,
the Marine Medical Services (Metropolitan Medical Center) where he was attended to by
Dr. Robert Lim and Dr. Ramon Lao. With yet another x-ray examination showing “no
discreet bone or joint abnormality,” petitioner was nevertheless prescribed medication
and commencement of rehabilitation. Petitioner was, however, initially diagnosed to be
suffering from a possible right rotator cuff tear[8] and recommended for an MRI
examination which later showed tendinosis of the distal supraspinatus tendon, partial
tear of the subscapularis tendon and tear of the transverse ligament. Advised to
continue his physical therapy upon a showing of clinical improvement,[9] petitioner was
subjected to an ultrasound examination which ruled out a solid or cystic mass despite
the finding that a “clinically visible lump on the dorsolateral aspect of the upper right
arm shows a diffuse swelling of the triceps brachii muscle.”[10]
While noting his report of pain on the medial aspect of his right shoulder joint, a 17
January 2008 certification was issued in favor of petitioner to the effect that the range
of motion of his right shoulder has improved with physical therapy.[11] Queried by
respondents about petitioner’s prognosis and interim disability assessment, his
attending physician issued the following 31 January 2008 assessment,[12] to wit:
Barring unforeseen circumstances, prognosis is fair to good and estimated
length of treatment is approximately 4-6 weeks more of continuous
rehabilitation for pain management and rehabilitation exercises.
His interim disability assessment is Grade 9 – ankylosis of 1 shoulder, the
shoulder blade remaining mobile.
Although re-evaluated on 24 March 2008 and advised to continue his rehabilitation
treatment and to come back for re-evaluation on 4 April 2008,[13] petitioner filed a
complaint for disability benefits, damages and attorney’s fees before the arbitral level
of the National Labor Relations Commission (NLRC) on 25 March 2008. Docketed as
NLRC NCR No. (L) 03-04372-08, the complaint was resolved in petitioner’s favor in the
10 November 2008 Decision[14] rendered by Labor Arbiter Dolores Peralta-Beley. In
awarding US$60,000.00 as permanent total disability benefits and 10% thereof as
attorney’s fees in his favor, the Labor Arbiter ruled that petitioner continued to suffer
from the injury he sustained despite the lapse of almost two months from the time he
was given an interim assessment by the company-designated physician. Interpreting
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/62366
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