6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly Patient's range of motion of the right hip has improved although patient still ambulates with a pair of axillary crutches. Pain is at 1-2/10 at the right hip. Based on his present condition, his closest interim assessment is Grade 10 irregular union of fracture in a thigh. Dissatisfied with the company doctor's January 13, 2013 medical report, petitioner sought the opinion of another doctor, Dr. Venancio P. Garduce (Dr. Garduce),[5] who recommended a disability grade of three (3) in his Medical Report dated February 6, 2013. After further medical treatment, petitioner was assessed with a final disability grade of 10 by the company physician of respondent OSM Maritime, Dr. William Chuasuan, Jr. (Dr. Chuasuan), on February 15, 2013.[6] Respondents offered petitioner disability benefit of $30,225 in accordance with the disability Grade 10 that the company-designated doctor issued. Petitioner, however, refused the offer and filed a claim for a disability benefit of USD$150,000.00 based on the POEA-SEC and NIS AMOSUP CBA.[7] During the pendency of the case with the Labor Arbiter (LA), the parties agreed to consult Dr. Lyndon L. Bathan (Dr. Bathan) for a third opinion. Dr. Bathan issued a Medical Certificate recommending a Grade 9 disability pursuant to the Schedule of Disabilities and Impediments under the POEA-SEC. In addition, Dr. Bathan stated therein that petitioner is "not yet fit to work." Dr. Bathan's certificate states: This is to certify that SUNIT, REYNALDO consulted the undersigned on 17 Feb. 2014 at Faculty Medical Arts Building, PGH Compound, Taft Ave., Manila. He was diagnosed to have: FEMORAL FRACTURE S/P INTRAMEDULLARY NAILING (2012); S/P BONE GRAFTING Patient is Gr. 9 according to POEA Schedule of disability. Patient is not yet fit to work and should undergo rehabilitation.[8] Ruling of the LA Pursuant to the Grade 9 disability issued by Dr. Bathan, the LA awarded petitioner disability benefit in the amount of $13,060. The dispositive portion of its Decision[9] elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/62831 2/16