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work, but the pain persisted and became unbearable after almost two (2) weeks of
continuous duty.[8]
When the vessel arrived in Hungary on July 23, 2015, Briones was sent to a hospital.
She was diagnosed to have lower back pain and muscle strain and was prescribed pain
relievers. She rejoined the vessel and went back to her normal routine, but her back
pain worsened. She was again disembarked when the vessel arrived in Passau,
Germany on July 29, 2015. After undergoing X-ray and MRI on her back, she was
suspected to have lumbar spine problem. She was prescribed with medicines to
alleviate the pain and was advised to have a thorough check-up. As the vessel had to
leave the port, she was not able to undergo further check-up.[9]
Briones' condition deteriorated and her mobility was seriously impaired after two (2)
months of heavy manual labor. Thus, when the vessel arrived in Austria on September
21, 2015, she was sent to the General Hospital of Vienna where she was attended by
Dr. Gerold Holzer. She was found to have serious back pain and was advised to be
repatriated and undergo physiotherapy.[10]
Briones was finally repatriated on September 24, 2015 and she was immediately
referred by MSMI to the Ship to Shore Medical Center under the care of the companydesignated physician, Dr. Keith Adrian Celino (Dr. Celino). She underwent her various
laboratory examinations the results of which revealed that she was suffering from back
pain and Lumbago. She was advised to undergo physical therapy sessions and to
continue her medications.[11]
Despite treatment and therapy, Briones claimed that she was not able to recover from
her back pain. She requested for MRI on her back and upper portion of her body and
MRI on her thoracic portion. Her request on the latter MRI, however, was denied. In a
follow-up report dated November 17, 2015, Briones was noted to have tenderness on
the lumbar area. She was advised to undergo MRI of the lumbosacral area. She made
several follow-up consults with the company-designated doctor to monitor her medical
progress.[12]
On December 1, 2015, the company-designated doctor cleared Briones from the cause
of her repatriation and declared that her Lumbago was resolved. MSMI alleged that it
unconditionally shouldered all of Briones' medical expenses and seasonably paid her
sick wages.[13]
Briones claimed that the company doctors discontinued her treatment despite of her
failure to recover and plea to the company to continue the medical treatment. This
constrained her to consult an orthopedic specialist, Dr. Manuel Fidel Magtira (Dr.
Magtira), from the Department of Orthopedic Surgery & Traumatology of the Armed
Forces of the Philippines Medical Center. Upon advice of Dr. Magtira, she underwent MRI
on her thorax and lumbar spine on February 4, 2016.
Dr. Magtira prescribed her pain relievers, but after more than one (1) month of
treatment, Dr. Magtira issued a Certification dated March 10, 2016 stating, among
others, that Briones is "permanently UNFIT in any capacity to resume her sea duties as
a Sea woman." When MSMI failed to pay Briones the required benefits, the latter filed a
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66202
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