4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly Chua’s assessment per his medical report dated May 3, 2007 and offered to pay Munar the benefit corresponding to Grade 8 disabilities or $16,795.00. Munar rejected petitioners’ offer and maintained that his disability should be rated as Grade 1. Munar relied on the following assessment made by Dr. Edward L. Chiu (Dr. Chiu), an orthopedic surgeon at Lorma Medical Center, in a medical certificate[18] the latter issued on May 21, 2007: At present, he could tolerate walking for short distances due to his low back pain. There is weakness of his left foot. Due to his back injury and pain, he could not go back to work. He could not tolerate stren[u]ous physical activities[.][19] In a Decision[20] dated May 30, 2008, LA Guerrero awarded Munar with total and permanent disability benefits in the amount of US$60,000.00 and attorney’s fees equivalent to ten percent (10%) of the former. As between the assessment of Dr. Chua and that of Dr. Chiu, LA Guerrero gave more weight to the latter: Assessing the parties’ respective averments and documents adduced in support thereof, this Office finds that the complainant is entitled to the maximum compensation benefit as provided under the POEA Standard Employment Contract in the amount of US$60,000.00. The medical certificate issued by Dr. Edward L. Chiu dated May 21, 2007 categorically states that complainant cannot go back to work due to his back injury and that he cannot tolerate strenuous physical activities. Given the nature of his shipboard employment, it is logical to conclude that the complainant cannot resume shipboard employment. This conclusion is borne out by the respondents’ own medical certificate showing that after the complainant underwent surgery in December, 2006 he was expected to recuperate for a period of 4-6 months, and on May 3, 2007 the respondents’ designated physician determined that the complainant “will take a long time to fully recovered (sic)”. And, while he was assessed with Impediment Grade 8, the assessment is not accompanied by any justification, other than the vague qualification on the length of time of recovery. Evidently, such ambiguous assessment, vis-à-vis that made by the complainant’s independent physician who had taken over the complainant’s therapy, cannot be a basis for the grant of the assessed disability grading. The determination of the company designated physician cannot prevail over the specific assessment made by the independent physician. Verily the illness sustained by the complainant has rendered him unfit to continue his employment as seafarer. Accordingly, he is entitled to the maximum compensation benefit of US$60,000.00. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55508 5/16