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report,[13] stating, inter alia, that "[f]itness to work is unlikely to be given within his
120 days of treatment" and that "[i]f patient is entitled to disability, his suggested
disability grading is Grade 8 - loss of 2/3 lifting power of the trunk," viz.:
Based on the patient's present status, his prognosis is guarded.
The specialist recommends surgery with Transforaminal Lumbar Interbody
Fusion. However, the patient has refused the surgery. Without the surgery,
he has already reached maximum medical improvement.
Fitness to work is unlikely to be given within his 120 days of
treatment.
If patient is entitled to disability, his suggested disability grading is
Grade 8 - loss of 2/3 lifting power of the trunk.[14]
On March 25, 2015, petitioner consulted his independent physician, Dr. Manuel Fidel M.
Magtira (Dr. Magtira) who observed[15] that the former was permanently disabled and
unfit to work.[16]
Thus, claiming that his condition rendered him incapacitated to work as a seafarer for
more than 120 days, petitioner filed a complaint[17] against respondents before the
NCMB for the payment of total and permanent disability benefits in the amount of
US$120,000.00 as per the CBA, moral, exemplary, and compensatory damages, and
attorney's fees.[18]
For their part, respondents denied petitioner's monetary claims, contending that
petitioner's condition was not work-related and was not an accidental injury, but merely
a manifestation of an illness, which was not compensable under the Philippine Overseas
Employment Administration - Standard Employment Contract (POEA-SEC) or the CBA.
Moreover, respondents pointed out that petitioner committed notorious negligence,
since the latter refused surgery as suggested by the company-designated physician,
despite the fact that the expenses thereof would be shouldered by the former.[19]
The NCMB's Ruling
In a Decision[20] dated October 1, 2015, the NCMB ruled in favor of petitioner, and
accordingly, ordered respondents to jointly and severally pay him: (a) US$120,000.00,
or its peso equivalent, as maximum disability compensation pursuant to the CBA; and
(b) 10% attorney's fees.[21]
It held that petitioner's back injury was sustained in the course of performing his duties
as an Able Seaman while exerting force with his upper extremities and hence, workrelated. Besides, the company-designated physician failed to issue a report or opinion
to the effect that the medical condition was not work-related.[22]
Moreover, the NCMB observed that the event so described, wherein petitioner suffered
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