6/30/2021
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On April 2, 2014, respondent was medically repatriated to the Philippines. Petitioners
directed him to the Association of Marine Officers and Seaman's Union of the Philippines
(AMOSUP) Hospital for his post-medical examination. Dr. George C. Pile (Dr. Pile), the
company-designated physician, examined him and gave his initial diagnosis of macular
hole, right eye, senile, mature cataract, right, error of refraction. Likewise, Dr. Pile
diagnosed him as unfit to work and that respondent's condition was work-oriented.
Hence, Dr. Pile recommended that respondent undergo "flourescein angiography, optical
coherence tomography (OCT) right eye, and cardio-pulmonary clearance."[8]
On April 11, 2014, respondent went back to Dr. Pile and was diagnosed with lamellar
macular hole, right eye, epiretinal membrane with macular edema, right eye, senile,
mature, cataract, error of refraction. Dr. Pile noted again that it was work-oriented;
that flourescein angiography and optical coherence tomography of his right eye was
done; that respondent was still for cardiopulmonary clearance prior to cataract surgery
of his right eye; and that respondent started Nevenac eye drop to his right eye three
times daily. Dr. Pile recommended respondent for phacoemulsification with PCIOL
implantation of his right eye.[9]
On May 23, 2014, respondent underwent phacoemulsification with PCIOL implantation
of his right eye.
On May 24, 2014, respondent was discharged and was instructed to take eye drop
medications. He went back to Dr. Pile for follow-up consultations.[10]
Then, on August 6, 2014, or after 122 days, Dr. Pile issued a medical certificate stating
that respondent needed to come back on August 13, 2014 for final disposition.[11]
On August 13, 2014, Dr. Pile told respondent that he was already unfit to work as a
seafarer and that he would be given a grading for his disability. When respondent asked
petitioner Magsaysay for a copy of the medical certificate, he was never given a copy
despite demands.[12]
On November 25, 2014, respondent, relying on Dr. Pile's assessment that he could no
longer return to work as a seafarer, filed a grievance proceeding with the AMOSUP.[13]
On January 23, 2015, a deadlock was declared after several offers and counter-offers
between the parties.[14]
On February 6, 2015, respondent filed a Notice to Arbitrate with the NCMB. However,
no amicable settlement was likewise reached at the NCMB proceedings.[15]
Respondent needed to support the findings of Dr. Pile that he was no longer fit to work
as a seafarer because of his condition. Thus, he sought a medical opinion from an
independent government ophthalmologist, Dr. Emmanuel M. Eusebio (Dr. Eusebio), who
found that his illness was "permanent in nature" and "his overall capacity to work as a
seaman might be compromised." Dr. Eusebio, therefore, concluded that respondent was
"no longer fit to resume his previous work as a seaman." Dr. Eusebio's Medical
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66746
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