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therapy.[18] Petitioner, however, stated that respondents already refused to shoulder
further medical expenses.[19]
On September 11, 2012, Dr. Tay submitted another report on the condition of petitioner
to the President of respondent Crossworld Marine Services, Inc., stating thus:
PRESENT EXAMINATION:
He still complains of mild low back discomfort although no neurologic deficits
noted. Functional capacity testing was done according to his job
description which he did not pass due to back pain on certain
motions. He should continue flexibility and strength exercises through his
physiatrist. Follow up is scheduled on October 11, 2012.
DIAGNOSIS: Status post laminectomy L4L5-L5S1 and foraminotomy L4L5L4S1. Ongoing physiotherapy.
DISPOSITION: Prognosis is fair to good. His symptoms at present are
subjective. If he will pass the functional capacity testing after adequate
flexibility is attained, he can resume work at sea.
This is seen in 2 to 3 more months. Interim disability assessment is
unchanged at Grade 8 based on the POEA Contract Schedule of
Impediments.[20] (Emphasis supplied.)
Meantime, petitioner went to see another physician, Dr. Renato P. Runas, an orthopedic
surgeon, for a second opinion regarding his low back pain. In a Medical Evaluation
Report dated September 7, 2012,[21] Dr. Runas made this finding:
xxxx
At present, Seaman Gomez is still incapacitated due to pain on the lower
back with numbness of the left lower extremity. Lower back pain is triggered
by exertion. He cannot tolerate prolonged walking and standing because of
pain. Forward and backward trunk motion is limited because of pain. He has
difficulty standing from a sitting position. x x x
Seaman Gomez is still saddled with persistent and chronic moderate to
severe low back pain. The residual pain is secondary to the disc disease and
osteoarthritis. This chronic residual low back pain proved to be refractory to
medications and physiotherapy management. He is unable to carry and lift
heavy objects due to stiffness and pain. It is also difficult for him to bend,
pick up and carry objects from the floor because of the limitation of trunk
motion. The surgery has lessened the intensity of pain but he did not
regain his physical capacity to work. As an Ordinary Seaman, he
does strenuous and heavy jobs which are no longer possible after
the surgery. He needs complete activity modification to avoid further
damage to the spine. He is unfit for sea duty in whatever capacity
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