1/5/2021
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On September 24, 2014, the company-designated physician issued petitioner an initial
disability grading of 11 after he found that petitioner's trunk was "within [functional
range]."[7]
After further medical treatment, the company-designated physician issued Medical
Report dated October 3, 2014, viz.:
The specialist opines that patient has already reached maximum medical
treatment.
If (the) patient is entitled to disability, his final disability grading is Grade 11
- loss of 1/3 lifting power of the trunk.[8]
Petitioner, thereafter, continued with his treatment and therapy. On January 6, 2015,
the company-designated physician assessed his condition as resolved and stopped his
treatment. His back pain, however, persisted. Thus, the next day, he sought the opinion
of another physician, Dr. Misael Jonathan A. Ticman .[9]
In his Disability Report dated February 4, 2015, Dr. Ticman found:
x x x [I]n spite of the physical therapy done and medications given(,) the
symptoms [persisted and] prognosis is not good. I am therefore
recommending Permanent Disability and that he is unfit to work as a
seaman in any capacity. "[10]
Consequently, he demanded from respondents payment of full disability benefits, but to
no avail.[11]
Respondent's Version
After a series of examination and rehabilitation, the company-designated physician
assessed petitioner's disability as Grade 11 due to "loss of 1/3 lifting power of the
trunk." Petitioner was, therefore, only entitled to partial permanent disability benefits
equivalent to the company-designated physician's assessment. Too, the companydesignated physician's assessment should be given more weight over petitioner's
personal doctor since the latter failed to observe the proper procedure by referring the
matter to a third doctor.[12]
The Labor Arbiter's Ruling
In his Decision, Labor Arbiter Eduardo DJ. Carpio granted petitioner's claim for
permanent and total disability benefits, viz.:
WHEREFORE, premises considered, judgment is hereby rendered ORDERING
the respondents to pay, jointly and severally, herein complainant the amount
of US$60,000.00 representing his permanent total disability compensation
and attorney's fees equivalent to ten percent (10%) of the total monetary
award or their peso equivalent at the prevailing exchange rate on the actual
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