8/20/2020
E-Library - Information At Your Fingertips: Printer Friendly
Upon arrival in Manila on December 20, 2011, Torillos was referred to the companydesignated physicians of NGC Medical Specialist Clinic, Inc., headed by Dr. Nicomedes
G. Cruz (Dr. Cruz), for medical evaluation, examination and treatment. He was seen by
a urology specialist who recommended Magnetic Resonance Imaging (MRI) of his
lumbrosacral spine. The MRI conducted on February 9, 2012 revealed that Torillos was
suffering from Lumbar Spondylosis; L4-L5 Diffuse Bulge with Resultant Bilateral Neural
Foraminal Stenosis; L5-S1 Diffuse Disc Bulge with Radial Tear; and L5-S1 Disc
Desiccation.[9] Upon recommendation of an orthopedic specialist, Torillos underwent
knee X-ray on March 5, 2012, which showed degenerative changes on his left knee.[10]
Thus, Torillos was referred to and evaluated by a rehabilitation specialist.[11] He was
advised to undergo physical therapy to address his medical condition.
On April 19, 2012, Dr. Cruz issued a Medical Report with the following findings:
1. Lumbar spondylosis is a disorder in which discs and vertebrae
degenerate. With aging, the bone of the spine overgrows and narrows
the spinal canal.
2. It is degenerative in nature and most likely pre-existing.
3. The estimated length of further treatment is 2-4 weeks.
4. The estimated cost of further treatment is P 5,000.00.
5. The interim disability grading under the POEA schedule of disabilities is
Grade 8 - moderate rigidity or two thirds (2/3) loss of motion or lifting
power of the trunk.[12]
Torillos continued with his physical therapy as well as occupational therapy with the
company-designated physicians. However, despite continued therapy sessions, he filed
on May 8, 2012 a complaint[13] with the National Labor Relations Commission (NLRC)
against Eastgate for payment of permanent total disability benefits, medical expenses,
sickness allowance, damages and attorney's fees.
On July 9, 2012, Torillos consulted an independent orthopedic surgeon, Dr. Marcelino T.
Cadag (Dr. Cadag), who declared him unfit for sea duty with the following diagnosis
and findings:
Diagnosis: Lumbar Spondylosis;
Degenerative Disc Disease, L5-S1
Neural
Foraminal
Stenosis,
L4-L5;
Given the amount of pain he is experiencing on his lower back and legs, and
the associated weakness of his toe flexors, which is essential in the gait
cycle, I advise the patient against heavy manual labor, especially lifting
heavy objects. In my professional opinion, it would take at least 6 months of
regular physiotherapy before the patient can have, if any, improvement in
terms of pain relief and motor function of his toes. Physical therapy is
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64930
2/13