4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly International Health Partners, Inc. (SHIP). Dr. Salvador required him to undergo physical and neurological examinations.[7] Dr. Salvador initially diagnosed Capoy’s condition as "spinal stenosis, cervical."[8] On September 16, 2005, Capoy underwent an MRI. On September 20, 2005, Dr. Salvador reported that the orthopedic surgeon who examined the MRI results recommended that Capoy undergo a multilevel laminectomy, C3 to C6 spine, to relieve him of his pain.[9] The estimated cost of the surgical procedure was P280,000.00, which the petitioners later on shouldered. Capoy was hesitant to submit to a laminectomy, suggesting that he would just undergo physiotherapy, but he eventually agreed to the procedure which took place on October 24, 2005. His post-surgery condition was diagnosed as Herniated Nucleous Pulpusos C3-C4; Chronic bilateral C6 Radiculopathies; S/P Laminoplasty of the C3-C5. He was seen and evaluated by SHIP’S specialists and was cleared for discharge. He remained under the care of the specialists for therapy sessions[10] which continued until March 17, 2006. He was to return on April 6, 2006 for re-evaluation by the orthopedic surgeon.[11] In the interim (i.e., on January 19, 2006 or while still undergoing treatment by the company doctors), Capoy filed a complaint for disability benefits, maintenance allowance, damages and attorney’s fees against the petitioners.[12] He argued that after the lapse of 120 days without being declared fit to work, he was entitled to permanent total disability benefits in accordance with the collective bargaining agreement (CBA) his union, the Associated Marine Officers and Seamen’s Union of the Philippines (AMOSUP), had with his employer. Capoy presented in compulsory arbitration two documents to support his claim. He first introduced a one-page paper, purportedly a part of the AMOSUP/TCCC Collective Agreement for 2004-2005.[13] Under this document, the compensation for a 100% degree of disability for "Ratings" was US$75,000.00. Thereafter, Capoy presented a second document, supposedly the CBA for January 1, 2004 to December 31, 2005 between the Norwegian Shipowners Association (NSA), on the one hand, and the AMOSUP and the Norwegian Seamen’s Union (NSU), on the other hand.[14] It provides for a "Ratings" compensation of $70,000.00 for a l00% degree of disability. The petitioners responded to the complaint by denying liability. They argued that Capoy was not entitled to permanent disability benefits as his claim was premature since no disability assessment has yet been made by the company-designated physician. The petitioners further argued that the injury which caused Capoy’s disability was self-inflicted due to his failure to follow the recommended medical treatment. Additionally, they disputed Capoy’s claim that he suffered a fall twice on board the vessel, in July and August 2005, pointing out that the vessel’s logbook had no record of the incidents. They presented the affidavit of the vessel M/S Star Geiranger’s Master, Tomas Littaua, on the absence of reports regarding the incidents. [15] Before the complaint could be resolved (or on April 28, 2006), Capoy had himself examined by a physician of his choice, Dr. Raul F. Sabado, who declared him "[u]nfit to elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55931 2/12