8/20/2020
E-Library - Information At Your Fingertips: Printer Friendly
total, and entitles him to permanent and total disability benefits under his contract and
the collective bargaining agreement.
In contrast, Segui's own physician provided a detailed medical assessment dated June
4, 2011, which justified his disability rating.
Based on the physical examination and supported by laboratory
examination, he developed back problem while working. He had attack of
leg cramps while on duty which [unabled him] to stand up. He had also
attack of low back pain. He rested on his cabin for the rest of their trip. On
two ports of call, he was examined in a medical facility but was only given
pain medication. On the 3rd port of call in Panama, he was confine[d] and
underwent several examinations. He was diagnosed to have lumbar disc
problem and recommended for repatriation. In Manila Doctors [H]ospital, he
underwent operation on his lumbar spine since it was found out that he has
Slipped Disc. The Intervertebral Disc at level L4/L5 was pressing on his
nerve root, so it was remove[d] during the operation. Even though the
disc was removed, he is still having low back pain with numbness.
He has still having difficulty in lifting and carrying heavy objects.
The prolonged] injury to his nerve roots causes non-repairable
conditions to them. Nerve cells cannot repair itself, once injured, it
becomes permanent. So even he underwent operation, he has still
having pain and numbness. He is not expected to perform his
previous active status. He is not capable of performing the
strenuous activities of a seaman.
He is given a PERMANENT DISABILITY. He is UNFIT TO WORK as a
seaman in whatever capacity.[22] (Emphasis ours)
The Court observed that the company-designated physician's medical reports for the
month of June 2011 are consistent with the medical assessment of Segui's own
physician, that is, he is unfit for sea duty in any capacity.
Medical Report dated June 1, 2011
xxxx
At present, there is still note of low back pain accompanied by limited trunk
mobility. There is radicular pain on his left lower extremity. He has poor
walking tolerance.
Medical Report dated June 8, 2011
xxxx
At present, there is temporary relief of low back pain. The range of motion is
likewise getting better. There is numbness and weakness of the lower
extremity.
Medical Report dated June 15, 2011
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64944
9/12