8/26/2020
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The patient was seen today in our clinic.
He was seen by our urologist. CT scan was reviewed and he opined that
malignancy of the right testicle is highly entertained. He recommended
radical orchiectomy (right).
He complains of pain and tenderness on his right testicle.
Diagnosis:
Epidydimitis, right
Solid mass - right testicle
To consider Malignancy
Recommendation:
Radical Orchiectomy
Estimate cost: Php 200,000.00 (actual cost may vary)
Next Appointment:
September 12, 2012
By:
Noted:
(Signed)
Regino, Amado
(Signed)
Cruz,
Nicomedes G.,
M.D.[30]
The foregoing shows that the 5th Medical Report does not reflect a definite and final
assessment of respondent's fitness to work or disability rating, or whether his illness
was work-related. The report was merely an interim report as it specifically stated a
date for the next appointment. Further, it indicates that respondent's treatment was "in
progress."
Following Elburg, the company-designated physicians' failure to issue a final and
definite assessment within the 120-day period makes respondent entitled to permanent
and total disability benefits. It was no longer necessary for respondent to present
evidence that his illness is work-related and compensable because the law operates to
declare respondent entitled to total and permanent disability benefits after the
company-designated physicians' failure to issue a final and definite assessment within
the 120-day period.[31]
As to the LA and the CA's award often percent (10%) attorney's fees, the Court affirms
the same. The award of attorney's fees is proper as the Court ruled in Cariño v. Maine
Marine Phils., Inc.[32] that attorney's fees may be recovered by an employee in actions
for indemnity under the employer's liability laws.
WHEREFORE, premises considered, the Petition is DENIED. The Decision dated May
12, 2014 and Resolution dated August 14, 2014 of the Court of Appeals in CA-G.R. SP
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65293
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