4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly treatment. He was assessed on August 6, 2007 to have "Adjustment Disorder with Mixed Anxiety and Depressed Mood," "Hypercreatinine Phospokinase," and "right Carpal Tunnel Syndrome."[7] He was subsequently declared "fit to resume sea duties as of November 6, 2007" by the company-designated specialist.[8] The petitioners shouldered Dumadag’s medical expenses, professional fees and physical therapy sessions with the company-designated physician. Dumadag was not rehired by the petitioners. He claimed that he applied for employment with other manning agencies, but was unsuccessful. On December 5, 2007, Dumadag consulted Dr. Frederic F. Diyco, an orthopedic surgeon at the Philippine Orthopedic Center, who certified that he was suffering from Carpal Tunnel Syndrome of the right wrist. Dr. Diyco gave him a temporary partial disability assessment.[9] On January 8, 2008, Dumadag saw Dr. Ma. Ciedelle M.N. PaezRogacion, specializing in family medicine and psychiatry. Dr. Rogacion evaluated him to be suffering from minor depression.[10] On March 8, 2008, Dumadag again sought medical advice from Dr. Ariel C. Domingo, a family health and acupuncture physician. Dr. Domingo found him to be still suffering from adjustment disorder, with mixed anxiety and in a depressed mood, hypercreatinine phospokinase and carpal tunnel syndrome. He assessed Dumadag to be "unfit to work."[11] Further, or on April 13, 2008, Dumadag consulted Dr. Nicanor F. Escutin, an orthopedic surgeon, who certified that he had generalized muscular weakness and that "he cannot perform nor function fully all his previous activities."[12] Dr. Escutin declared Dumadag unfit for sea duty in whatever capacity and gave him a permanent total disability assessment.[13] After his consultations with the four physicians, Dumadag filed a claim for permanent total disability benefits, reimbursement of medical expenses, sickness allowance and attorney’s fees against the petitioners. The Compulsory Arbitration Decisions In a decision dated February 27, 2009,[14] Labor Arbiter (LA) Eduardo J. Carpio found merit in the complaint and ordered the petitioners, jointly and severally, to pay Dumadag US$82,500.00 in permanent total disability benefits, plus 10% attorney’s fees. LA Carpio declared: The assessment of the company physician is highly doubtful in the face of the continuing inability of complainant to work for more than a year already, coupled with the fact that his own designated physicians have found that complainant was far from being "fit" to return to his work as Able-bodied seaman. Despite the company doctor’s claim, complainant was found by his physicians to be still suffering from depression and had muscle damage on his upper and lower extremities, resulting in pain in his right hand and generalized muscle weakness, for which reason he was declared unfit for sea elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55919 2/10

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