5/28/2020
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artery disease and other cardiovascular complications such as stroke
and renal insufficiency.
He requires immediate coronary artery bypass graft surgery to
alleviated (sic) his symptom of angina and prevent the occurrence of
possible acute myocardial infarction.
He has to modify his lifestyle to include low salt, low fat diet, regular
exercise and nicotine abstinence.
He is not expected to land a gainful employment given his medical
background.
Thank you.
(signed)
Efren R. Vicaldo, M.D.[12]
Respondent filed a claim for permanent disability benefits with petitioners, but the
latter denied the same.
On February 10, 2006, respondent filed against the petitioners a Complaint[13] for the
recovery of disability benefits, illness allowance, reimbursement of medical expenses,
damages and attorney’s fees.
It appears from the record that on February 24, 2006, respondent underwent coronary
artery bypass graft surgery. He then continued his treatment with Dr. Cruz, who for his
part continued to diagnose respondent with severe coronary artery disease.
In his Position Paper[14] and Reply,[15] respondent stated and argued that in the
performance of his duties as Able Seaman, he inhaled, was exposed to, and came into
direct contact with various injurious and harmful chemicals, dust, fumes/ emissions,
and other irritant agents; that he performed strenuous tasks such as lifting, pulling,
pushing and/or moving equipment and materials on board the ship; that he was
constantly exposed to varying temperatures of extreme hot and cold as the ship
crossed ocean boundaries; that he was exposed as well to harsh weather conditions;
that in most instances, he was required to perform overtime work; that the work of an
Able Seaman is both physically and mentally stressful; and that as a result, he
contracted his illness which required him to undergo bypass surgery. He added that
despite being examined by the company-designated physician, he continued to suffer
episodes of severe chest pain, difficulty in breathing and other discomforts related to
his illness; that his health has not improved, and was instead deteriorating, which thus
led him to consult an independent physician (Dr. Vicaldo); that Dr. Vicaldo declared him
unfit to work as seaman in any capacity and that his illness was work-related; that
despite the lapse of more than six months, the company-designated physician has
failed to make a finding regarding his condition, which thus entitles him to permanent
total disability benefits; that his just claim for disability benefits was denied by
petitioners, which forced him to file the labor complaint; and that he should thus be
paid US$60,000.00 disability benefits with interest, 120 days illness allowance based on
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56669
4/14