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Petitioner was examined and treated in Belgium; x-ray was done, intravenous fluid was
administered, and medicine was injected twice on his back. He was diagnosed with
Lumbago. The doctor-in-charge recommended petitioner's repatriation for further
treatment.[8] Petitioner was repatriated to the Philippines on March 18, 2012.[9]
Petitioner arrived in the Philippines on March 19, 2012. The next day, petitioner
reported to respondents and requested for further medical examination and treatment.
[10] Petitioner was referred to the company's accredited doctors at the International
Health Aide Diagnostic Services, Inc. (IHADS) for medical evaluation. He underwent six
sessions of physical therapy, but the pain in his lumbar area still persisted. On May 11,
2012, IHADS referred petitioner for magnetic resonance imaging (MRI) of his
lumbosacral spine at the University Physicians Medical Center. The MRI yielded this
result:
IMPRESSION:
Multilevel discogenic and osteophytic central canal and bilateral foraminal
stenosis as described, L4-L5 and L5-S1.
Disc dessication, L4-L5 and L5-S1[11]
On June 6, 2012, petitioner was hospitalized at the Medical Center Manila to undergo
two surgical procedures: lumbar laminectomy[12] and foraminotomy[13] to address
petitioner's herniated disc, as advised by the company doctor. The Record of
Operation[14] dated June 7, 2012 showed the preoperative diagnosis: slipped disc, L4L5, L5-S1. Petitioner was discharged from the hospital on June 13, 2012 with home
medication.
Petitioner went to IHADS for a follow-up checkup on June 20, 2012; July 16, 2012 and
August 17, 2012.[15]
On July 24, 2012, the company-designated doctor, Dr. Ma. Dolores Tay, submitted a
medical report[16] to Captain Eleazar Diaz, president of respondent Crossworld Marine
Services, Inc., stating that petitioner can walk without difficulty, but petitioner
complained about a mild pain on the left buttock area on prolonged sitting or standing;
mild activities are allowed; and the interim disability assessment is Grade 8 based on
the POEA Contract Schedule of Disability.
On August 18, 2012, Dr. Tay submitted another report[17] to the President of
respondent Crossworld Marine Services, Inc., stating that petitioner still complained of
mild low back discomfort; he was advised to maintain ideal weight; and the attending
spine surgeon recommended rehabilitation for flexibility and strengthening.
Petitioner was referred to Dr. Emily P. Noche-Cabungcal for physical therapy. Petitioner
completed six sessions of physical therapy, but he still complained of low back pain. On
September 8, 2012, Dr. Noche-Cabungcal recommended the continuation of physical
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