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Court dismissed the doctor's plain statement of the supposed work-relation/workaggravation of a seafarer's ailment for being "not supported by any reason or proof
submitted together with the assessment or in the course of the arbitration."[56]
In Dumadag,[57] where the seafarer's doctor examined him only once, and relied on
the same medical history, diagnoses and analyses produced by the companydesignated specialists, it was held that there is no reason for the Court to simply say
that the seafarer's doctor's findings are more reliable than the conclusions of the
company-designated physicians.
No showing that "Mild Lumbar Levoconvex Scoliosis and Spondylosis" is a
serious spinal injury that may result in permanent disability
The Court finds it significant that both the LA and the CA concluded, on the basis alone
of a diagnosis of "Mild Lumbar Levoconvex Scoliosis [left curvature of the spinal column
in the lower back, L1 to L5] and Spondylosis; Right S1 Nerve Root Compression," that
Conag suffered serious spinal injuries which caused his total disability. Nowhere is the
nature of this injury or condition described or explained, or that it could have been the
result of strain or an accident while Conag was aboard ship, not to mention that it was
only a "mild" case. Dr. Chuasuan noted in his December 1, 2009 report that Conag was
now free from pain and had regained full range of trunk movement: "Negative Straight
Leg Raising Test. Full trunk range of motion, (-) pain. Fit to return to work." For 95
days, Conag underwent therapy and medication, and Dr. Chuasuan's final Lasegue's
sign test to see if his low back pain had an underlying herniated disk (slipped disc) was
negative.
Apparently, then, Conag's back pain had been duly addressed. He himself was able to
attest that back home from December 2009 to February 2010 he was able to engage in
various normal physical routines. Concerning the LA's observation of his alleged
deteriorated physical and medical condition, and therefore his unfitness to return to
work, let it suffice that the LA's own opinion as to the physical appearance of Conag is
of no relevance in this case, as it must be stated that he is not trained or authorized to
make a determination of unfitness to work from the mere appearance of Conag at the
arbitral proceedings.
WHEREFORE, the Court GRANTS the petition. The Decision dated January 27, 2014 of
the Court of Appeals in CA-G.R. SP No. 119282 is REVERSED, and the Decision dated
November 30, 2010 of the National Labor Relations Commission in NLRC LAC No.
OFW(M) 09-000666-10 is hereby REINSTATED.
SO ORDERED.
Velasco, Jr., (Chairperson), Del Castillo,* Perez, and Jardeleza, JJ., concur.
May 25, 2016
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