be mutually agreed between the Company and the Union, and the decision of this doctor shall be binding on both parties.[29]     From the following findings of respondents physician, respondent is entitled to the benefits under the POEA Standard Employment Contract of 2000:   IMPRESSION:   Lumbar spondylopathy Lumbar disc protrusion, L5-S1   Mr. Talaveras back pain has improved since his physical therapy. However, he still experiences pain and discomfort with exertion. He also now has started to complain of numbness that radiates down his thighs. His diagnostic tests are significant for degenerative changes and disc protrusion which are conditions due to wear and tear. That is, with more exposure to activities producing back stress, more injuries, and disability are to be expected. He has lost his preinjury capacity, and I now recommend a partial permanent disability with Grade 8 Impediment based on the POEA contract. He is UNFIT for further sea duties.   xxxx   Degenerative disc disease is a wear and tear condition and is associated with degenerative changes in the articular cartilage. In the vertebral column, the fact joints are involved. A single episode of trauma may not initially be significant, but repeated trauma, such as excessive and strenuous physical activities may play a role.   Through degeneration, wear and tear or trauma, the annulus fibrosus containing the soft disc material (nucleus pulposus) may tear. This results in protrusion of the disc or even extrusion of disc material into the spinal canal or neural foramen. In addition, the nerve fibers of the affected root are also compressed and this situation leads to radiculopathy in the appropriate muscles. When the nerve roots become compressed, the herniated disc becomes significant. The most common complaint in patients with a herniated disc is that of severe low back pain developing immediately or within a few hours after an injury.   The mainstay of therapy for a herniated lumbar disc is conservative treatment, that is, nonsurgical. The mechanism of injury is often an episode of trauma or a continued mechanical stress of postural or occupational type. Therefore, torsional stresses on the back, and activities such as lifting and repetitive bending should be avoided. The more these patients do, the more they hurt.   Prolonged relief is less likely if no permanent modification in the patients activities is made. Over time, as the patient resumes his normal work of

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