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home because of a "big pain on his left kidney, kidney stones."[47] In their final report
dated December 1, 2009,[48] Drs. Lim and Go of the MMC certified that he was first
"cleared urologic-wise" upon his repatriation. The NLRC also noted that Conag
mentioned no particular incident at work on deck which could have caused his spinal
pain.
To rule out any spinal injury, pertinent tests were nevertheless conducted, resulting in a
diagnosis of "Mild Lumbar Levoconvex Scoliosis and Spondylosis; Right S1 Nerve Root
Compression," with an incidental finding of "Gall Bladder Polyposis v. Cholesterolosis."
Attached to the report of Drs. Lim and Go is a certificate, also dated December 1, 2009,
issued by Dr. William Chuasuan, Jr. (Dr. Chuasuan), Orthopedic and Adult Joint
Replacement Surgeon also at MMC, who attended to Conag, that he had "Low Back
Pain; Herniated Nucleus Pulposus, L5-S1, Right."[49] In declaring Conag fit to return to
work, Dr. Chuasuan noted that he was now free from pain and he had regained full
range of trunk movement. He noted "Negative Straight Leg Raising Test. Full trunk
range of motion, (-) pain. Fit to return to work."[50]
Even considering the inherent merits of the medical certificate issued by Dr. Jacinto on
March 20, 2010, the NLRC did not hide its suspicion that his certification was not the
result of an honest, bona fide treatment of Conag, but rather one issued out of a short
one-time visit. It noted that Dr. Jacinto issued a pro-forma medical certificate,[51] with
the blanks filled in his own hand. Dr. Jacinto certified that Conag's condition "did not
improve despite medicine," yet nowhere did he specify what medications, therapy or
treatments he had prescribed in arriving at his unfit-to-work assessment, nor when and
how many times he had treated Conag, except to say, vaguely, "from March 2010 to
present," "present" being March 20, 2010, the date of his certificate. No laboratory and
diagnostic tests and procedures, if any, were presented which could have enabled him
to diagnose him as suffering from lumbar hernia or "Herniated Nucleus Pulposus, L5S1, Right" as the cause of his permanent disability. There is no proof of hospital
confinement, laboratory or diagnostic results, treatments and medical prescriptions
shown which could have helped the company-designated physicians in re-evaluating
their assessment of Conag's fitness. When Dr. Jacinto said that "[Conag's] symptoms
[were] aggravated due to his work which entails carrying heavy loads," he obviously
relied merely on Conag's account about what allegedly happened to him aboard ship
nine months earlier. This Court is thus inclined to concur with the NLRC that on the
basis solely of Conag's story, Dr. Jacinto made his assessment that he was "physically
unfit to work as a seafarer."
In Coastal Safeway Marine Services, Inc. v. Esguerra,[52] this Court rejected the
medical certifications upon which the claimant-seaman anchored his claim for disability
benefits, for being unsupported by diagnostic tests and procedures which would have
effectively disputed the results of the medical examination in a foreign clinic to which
he was referred by his employer. In Magsaysay Maritime Corporation and/or Dela Cruz,
et al. v. Velasquez, et al.,[53] the Court brushed aside the evidentiary value of a
recommendation made by the doctor of the seafarer which was "based on a single
medical report which outlined the alleged findings and medical history" of the claimantseafarer.[54] In Montoya v. Transmed Manila Corporation/Mr. Ellena, et al.,[55] the
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