4/14/2021 E-Library - Information At Your Fingertips: Printer Friendly affect certain aspect of his job description. But overall as far as hearing is concerned he should still be FIT TO WORK as a seafarer.[7] In January 2010, Solacito filed a complaint for total and permanent disability benefits, sickness pay for three months and 10 days, moral and exemplary damages, attorney's fees, and other benefits under the law.[8] On March 18, 2010, Solacito consulted Dr. Manuel C. Jacinto, his personal physician, who issued a Medical Certificate which states: This is to certify that Roger P. Solacito Age 30, Sex Male, Status Single, Citizenship Filipino, Occupation Seafarer of Pacific Ocean Manning Inc., was admitted at Sta. Teresita General Hospital QC and was under my service during the period from March 2010 for the following diagnosis: Perforation of LEFT eardrum S/P Tympanoplasty (Oct 13, 2009). Surgical Intervention Tympanoplasty (L) & ossoculoplasty. Patient's condition on discharge: no improvement. Remarks: The patient was advised to be Physically Unfit to go back to work as a seafarer in any capacity because of hearing loss (L) ear. Disability [_/] Total Permanent.[9] Ruling of the Labor Arbiter In a Decision[10] dated August 23, 2010, the Labor Arbiter (LA) ruled in favor of Solacito and awarded him total and permanent disability benefits in accordance with the Collective Bargaining Agreement (CBA) in the amount of $89,100.00 and attorney's fees equivalent to 10% of the total monetary award. The LA held that the independent medical assessment of Solacito's personal physician must be upheld as accurate, fair, and neutral medical assessment considering the absence of any special relationship between said physician and Solacito other than a doctor-patient relationship. On the other hand, the medical assessment of the company-designated physicians expectedly downplayed Solacito's chronic otitis which was undisputedly caused by his perforated eardrum and which resulted to hearing loss. The LA further stated that no employer would rehire Solacito knowing that his hearing is permanently impaired because he could no longer be assigned to watch keeping tasks which require a fully functional sense of hearing. Moreover, the LA held that Solacito is totally and permanently disabled since he was unable to perform his job for more than 120 days from repatriation. The dispositive portion of the LA Decision reads: WHEREFORE, premises considered, judgment is entered FINDING respondents PACIFIC OCEAN MANNING INC. (Respondent/ local Agency) and/or INDUSTRIA ARMANENTO MERIDIONALE, (Respondent/Principal Abroad), CAPT. AMADOR P. SERVILLON (Other respondent) jointly and severally liable to pay complainant Roger P. Solacito's permanent and total disability benefits to (sic) under the parties Collective Bargaining Agreement, ORDERING thus said named respondents in said joint and several capacities to pay complainant Roger P. Solacito: https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66216 3/14