Although there is no guarantee that he will be able to return to his previous
strenuous work, he might be able to walk for activity of daily living with a
less painful or more comfortable left foot.
Based [on] these findings, we are giving Disability Grade 11 for Mr. Dee
($50,0000.00 x 14.93%) = $7465.00).[19] (emphasis ours)
Significantly, Dr. Manalangs medical findings did not differ from those of the
other doctors consulted by private respondent. Essentially, he shared their opinion
that the triple arthrodesis operation could not guarantee the restoration of private
respondents former physical condition. His pronouncement that
all that the operation might do is to enable private respondent to walk for daily
activities with a less painful or more comfortable left foot
insinuated that private respondents disability was permanent. His medical opinion
could be safely interpreted to mean that, as a result of the injury, private
respondent would no longer be able to perform strenuous activities such as the
rigorous duties of a seaman.
It is not surprising why Dr. Manalangs conclusion as to how much private
respondent should receive as disability benefit was at odds with his own findings.
The doctor, as the company-designated physician, must have downplayed the
compensation due to private respondent; the company, after all, expected that of
him. In this light, it is thus not difficult to understand why the seafarer is given the
option by the POEA Standard Employment Contract to seek a second opinion from
his preferred physician.
Courts are called upon to be vigilant in their time-honored duty to protect
labor, especially in cases of disability or ailment. When applied to Filipino seamen,
the perilous nature of their work is considered in determining the proper benefits to