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and health problem of the respondent may have been brought about by strenuous
physical activities and that the condition of his spine poses a serious health problem
which requires immediate spine surgical intervention. Respondent's inguinal problem
may spontaneously resolve in a year's time. However, pending the needed surgery, the
condition of his spine may worsen and become irreversible, thereby incapacitating him
physically permanently.[30]
On October 11, 2012, respondent wrote petitioners a follow-up letter to inform them
that he was constrained to undergo MRI at his own expense as he did not receive any
reply on his first letter request despite the lapse of more than one month from the time
it was written. He also asked for further medical assistance, having been advised by his
doctor to continue with his physical therapy.[31]
On October 12, 2012, respondent went to Dr. Francis Pimentel (Dr. Pimenetel), Physical
Medicine and Rehabilitation, EMG-NCV, who diagnosed him to be suffering from
herniated nucleus pulposus (HNP) and recommended that he undergo six sessions of
physical therapy.[32]
On October 25, 2012, respondent again wrote the petitioners, through Jose, appealing
for medical assistance, treatment and reimbursement of the expenses he incurred for
his physical therapy, and expressing that such will be of great help inasmuch as he
cannot yet resume his work because of his Injuries.[33]
On November 9, 2012, respondent was seen again by Dr. Pimentel who noted that he
was diagnosed with HNP and advised him to continue with his physical therapy twice a
week for another six sessions. [34]
On November 29, 2012, St. Dominic Medical Center issued a Physical Therapy
Report[35] which showed that respondent, who was noted with (+) HNP, (-) DM, (-)
CAD, and diagnosed by Dr. Pimentel "with HNP and complains of intermittent localized
dull aching pain on both paralumbars[, with] pain scale 5/10 aggravated upon
prolonged standing" after undergoing 15 physical therapy sessions has shown
improvements as follows:
Improvements noted on after 15 PT treatments from Oct. 13, 2012 to Nov.
29, 2012:
1. Decreased pain on (B) paralumbars from pain scale 5/10 to 3/10[;]
2. Increase in (B) trunk rotation by 5°, (B) hip flexion with knee extended
by 20° as to active motion[; and]
3. Improved ADL difficulty from moderate to minimal.[36]
Inasmuch as respondent was not restored to his previous condition despite having
undergone varicocoele surgery and numerous sessions of physiotherapy, and as
certified by his private physicians that he was already suffering from total and
permanent disability, he filed a claim with the petitioners for the payment of his
disability benefits based on POEA-Standard Employment Contract (POEA-SEC).
Petitioners, however, refused to grant his claim on the ground that the respondent had
already been declared fit to work by the company-designated physician.[37]
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65134
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