5/19/2021
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the seafarer's disability becomes permanent and total,
regardless of any justification.
A final, conclusive, and definite medical assessment must clearly
state whether the seafarer is fit to work or the exact disability
rating, or whether such illness is work-related, and without any
further condition or treatment. It should no longer require any
further action on the part of the company-designated physician and
it is issued by the company-designated physician after he or she has
exhausted all possible treatment options within the periods allowed
by law.[35] (Emphasis and underscoring supplied; citations omitted)
Here, the CA gave more credence to the findings of the company-designated
physicians. However, an examination of the medical assessment by the companydesignated physicians - that is, the follow-up report[36] (Medical Report) given by Dr.
Cruz-Balbon and the disability grading[37] (Disability Report) given by Dr. Bergonio, the
orthopedic surgeon-would reveal that said assessment was neither final nor definite
because it required Razonable to return for further treatment. The pertinent contents of
the Medical Report and the Disability Report are reproduced below:
[MEDICAL REPORT DATED OCTOBER 9, 2015]
This is a follow-up report on OS Zaldy C. Razonable who was initially seen
here at Marine Medical Services on June 17, 2015 and was diagnosed to
have Sinusitis; Herniated Nucleus Pulposus, L4 - L5 and L5 S1; S/P
Laminotomy L5, Right with L5 Discectomy; Foraminotomy L4; Left on July
27, 2015.
He was seen by the Orthopedic Surgeon.
Patient still complains of pain on the low back area.
Repeat EMG-NCV study showed there is electrophysiologic evidence of
bilateral L5 radiculopathies with signs of acute exacerbation.
He was advised to continue his medication (Alanerv) and rehabilitation.
He is to come back on November 5, 2015 for re-evaluation with
results.[38] (Emphasis supplied)
[DISABILITY REPORT DATED OCTOBER 9, 2015]
Re: Mr. Zaldy C. Razonable
Mr. Razonable is now 2 1/2 months out since his Spine Decompression. I
reviewed his intra operative notes and I am reiterating the findings that I
decompressed the L5 interspace, freed the S1 nerve root from any
impingement and I even decompressed the L5 nerve root.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66276
5/11