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not improve but became worse. He was medically repatriated and was disembarked on
January 12, 2013.
The company-designated physicians, Dr. Karen Frances Hao-Quan (Dr. Quan) and Dr.
Robert D. Lim (Dr. Lim), referred him to an urologist. According to the medical report,
the respondent complained of "pain in urination accompanied with urinary frequency
and back discomfort since December 2012 on board the sea vessel and was diagnosed
to have dysuria with loin pain and back pain; urinalysis showed red blood cells; kidney,
urinary bladder and prostate gland ultrasound showed focal cortical calcification, right
kidney and Grade 1 prostate hypertrophy; he was recommended to undergo CT
Stonogram and was given medications.[4] He was to return on January 31, 2013 for reevaluation, and the impression was "Prostatitis rule out Urolithiasis."[5]
In the medical report dated January 31, 2013 prepared by Dr. Quan and Dr. Lim, the
earlier impression was restated, and the respondent was asked to return on February 4,
2013 for re-evaluation.
In the follow-up medical reports dated February 4, 2013 and February 18, 2013, the
respondent was advised to continue his medications. In the medical report dated March
5, 2013, the company-designated physician pronounced the respondent as already fit
to resume sea duties as of said date inasmuch as his prostatitis had already been
resolved. The petitioners then made him sign a document entitled "Certificate of Fitness
to Work" dated March 5, 2013, with his company-designated physician as witness.[6]
Not feeling fit to resume sea duties despite the final diagnosis by the companydesignated physician, and despite having been made to sign the "Certificate of Fitness
for Work," the respondent submitted himself for examination by another physician. The
records show that on March 19, 2013 he sought further medical evaluation and
management at the Supercare Medical Services (Supercare), as shown by the
"Agreement to Proceed with Further Evaluation and Management" signed by him.[7]
On further evaluation of his health condition, the respondent was diagnosed to be
suffering from kidney stones and vertigo. Due to such diagnosis, he was referred to St.
Luke's Medical Center on April 29, 2013, where he was diagnosed to be suffering from
nephrolithiasis by Dr. Jaime C. Balingit (Dr. Balingit). He was then further referred to
Dr. Manuel C. Jacinto (Dr. Jacinto) for further examination, and the latter diagnosed
him to be suffering with nephrolithiasis, diabetic nephropathy, osteoarthritis,
lumbosacral spine radiculopathy, and benign positional vertigo. Dr. Jacinto issued a
medical assessment in writing declaring the respondent's condition as rendering him
physically unfit to return to work as a seafarer.[8]
Subsequently, the respondent filed a complaint with the Arbitration Office of the
National Labor Relations Commission (NLRC) to recover permanent disability
compensation pursuant to the collective bargaining agreement (CBA), payment of sick
wages for 120 days, moral and exemplary damages, attorney's fees and other benefits
under the law.
Decision of the Labor Arbiter
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65168
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