1/5/2021 E-Library - Information At Your Fingertips: Printer Friendly 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 https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65937 2/8

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