4/9/2020
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THE REASON FOR THE DELAY IS DUE TO THE POOR SKIN CONDITION AND
THE POTENTIAL INFARCTION IN THIS PARTICULAR AREA IF DONE TOO
QUICKLY. THIS IS ALSO THE REASON FOR PROLONGED AN[T]IBIOTIC
COVERAGE AS PART OF THE INITIAL PREPARATORY TREATMENT, USUALLY
SIX MONTHS WAIT BEFORE A CRANIOPLASTY IN THIS CASE.
I THINK PATIENT CAN RESUME SEA DUTIES WITHOUT ANY DISABILITY.
THANK YOU.
(SIGNED)
DANIEL ONG, M.D.[18]
Months after, in a letter dated February 15, 2000, Dr. Lim informed petitioners of
Medel’s condition, the relevant portion of which states:
RE : MR. JOSELITO MEDEL MV OPTIMA FAIR SHIP. CORP.
: PATIENT WAS SEEN AND RE-EVALUATED FEBRUARY 11, 2000.
: HE WAS SEEN BY OUR NEUROLOGIST AND NEURO-SURGEON. HIS WOUND
IS HEALED. HIS PERIMETRY RESULT WAS GIVEN TO OUR NEUROLOGIST
AND HE OPINES THAT PATIENT IS NOW FIT TO WORK.
: HE WAS PRONOUNCED FIT TO RESUME SEA DUTIES AS OF FEBRUARY 11,
2000.
: HOWEVER, THE PATIENT REFUSED TO SIGN HIS CERTIFICATE OF FITNESS
TO WORK.
: FOR YOUR PERUSAL.[19]
In the interregnum, before Medel actually underwent the procedure of cranioplasty, he
claimed from petitioners the payment of permanent total disability benefits. Petitioners,
however, refused to grant the same.[20] Consequently, on September 7, 1999, Medel
filed before the Arbitration Branch of the NLRC a complaint[21] against petitioners for
disability benefits in the amount of US$60,000.00, medical expenses, loss of earning
capacity, damages and attorney’s fees. The case was docketed as NLRC OFW (M) No.
99-09-01462. Medel claimed entitlement to permanent total disability benefits as more
than 120 days had passed since he was repatriated for medical treatment but he was
yet to be declared fit to work or the degree of his disability determined by the
company-designated physician.
On July 30, 2001, the Labor Arbiter issued a Decision[22] in favor of Medel, holding
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