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At present, he now complains of neck pain. The range of motion is full.
There is still note of limited trunk mobility due to pain. There is decreased
radicular pain on his lower extremity. He was advised to continue
medications.
Medical Report dated June 22, 2011
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At present, there is low back pain after prolonged sitting. The trunk flexion
is functional. However, there is limited trunk extension. He has poor lifting
capacity.[23]
Despite the lack of medical assessment from a third independent physician, the Court,
on several occasions,[24] can determine which between the two medical findings has
merit. Here, the records of the case are replete with support that Segui's injury is
permanent and total, and that he is entitled to permanent and total disability benefits
as unanimously declared by the LA, the NLRC and the CA.
On the issue of attorney's fees, the Court affirms the award by the LA, following the
ruling in Gomez v. Crossworld Marine Services, Inc., [25] which states that "under
Article 2208, paragraph 8 of the Civil Code, attorney's fees can be recovered in actions
for indemnity under workmen's compensation and employer's liability laws."
In addition, pursuant to the case of Nacar v. Gallery Frames,[26] the Court imposes on
the monetary award for permanent and total disability benefits an interest at the legal
rate of 6% per annum from the date of finality of this judgment until full satisfaction.
WHEREFORE, premises considered, the Court of Appeals Decision dated July 31, 2014
and the Resolution dated October 14, 2014 in CA-G.R. SP No. 130277 are AFFIRMED
with MODIFICATION in that legal interest at the rate of 6% per annum hereby
imposed on the monetary award for permanent and total disability benefits due Dante
C. Segui, be reckoned from the finality of this Decision until full satisfaction thereof.
SO ORDERED.
Carpio,
Senior
Associate
Justice
(Chairperson),
Perlas-Bernabe,
Caguioa,
and
Hernando,[*] JJ., concur.
[*] Additional Member per S.O. No. 2630 dated December 18, 2018.
[1] CA rollo, pp. 162-165.
[2] Id. at 170.
[3] Id. at 165-166, 169.
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