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arthroscopy or knee surgery he had in February 2014.[5] He, nevertheless, continued
working while on pain relievers until he finished his contract and got repatriated on
February 13, 2015.[6]
Upon his arrival in the country, company-designated physician Dr. Mylene Cruz-Balbon
subjected him to a series of examinations and treatments and eventually referred him
to orthopedic surgeon Dr. William Chuasuan, Jr., for further evaluation and
management.
On June 25, 2015, Dr. Chuasuan, Jr. recommended him for surgery and suggested a
disability rating of Grade 10 – stretching of knee ligaments. Dr. Chuasuan, Jr. opined he
had already reached the maximum medical improvement level.[7]
In her Medical
Report[8] dated June 25, 2015, Dr. Cruz-Balbon noted and referred to Dr. Chuasuan,
Jr.'s findings and recommendation. On July 28, 2015, Dr. Cruz-Balbon issued a
certification[9] and letter[10] bearing her final diagnosis on him as of June 4, 2015, i.e.
Osteoarthritis, Medial Meniscal Tear, Right Knee; S/P Arthroscopic Partial Menisectomy
and Debridement of Osteophytes, Rights Knee.[11]
Notably, neither of the two
documents dated July 28, 2015 contained any disability rating or certificate of fitness to
work.
Dr. Cruz-Balbon stopped giving him medical treatment since June 26, 2015 despite his
need for further treatment. Neither Dr. Cruz-Balbon nor Dr. Chuasuan, Jr. gave him a
final and definite disability rating within the 120/240-day window.[12]
He was constrained to consult another orthopedic – Dr. Victor Gerardo E. Pundavela,
who diagnosed him with Severe Degenerative Osteoarthritis, right knee; Degenerative
Osteoarthritis, left knee; Medial Meniscal Tear, right knee s/p Arthroscopic
Meniscectomy and Debridement. The latter assessed him to be partially and
permanently disabled/unfit to work as a seafarer.[13]
For their part, respondents countered that petitioner was not entitled to disability
benefits since his recurrent knee pain was, as found by his own specialist, a preexisting illness, hence, not compensable. If at all, petitioner was entitled only to Grade
10 rating per Dr. Chuasuan, Jr.'s recommendation. For this rating was more reflective of
petitioner's real health condition. They, nonetheless, offered Grade 10 disability benefits
to petitioner out of sheer goodwill. But, as it was, petitioner refused it.[14]
The Labor Arbiter's Ruling
By Decision dated May 24, 2016, the labor arbiter awarded Grade 10 disability benefits
to petitioner. The labor arbiter ruled that although petitioner's illness was found to be
pre-existing, he was still entitled to the Grade 10 disability grading given by companydesignated Dr. Cruz-Balbon who closely monitored and treated him for months.[15]
The Ruling of the National Labor Relations Commission
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65546
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