6/14/2021 E-Library - Information At Your Fingertips: Printer Friendly Extremeties : hyperactive knee jerk on the left lower extremity Impression: HACVD HPN Stage I S/P CVA, to consider infarct with hemorrhage Bronchial Asthma, in remission Reason for Permanent Disability: Seaman Gumapac had 4 episodes of numbness of left lower extremities with the left (sic) episode involving both upper and lower extremities over the left side, but despite above symptoms no brain CT Scan nor a 2D ECHO done for proper evaluation of his condition. Because of the repeated episodes of recurrent numbness of lower extremity, he is therefore given a permanent disability for he will not be able to perform his job effectively, efficiently and productively as a seaman.[16] (Emphasis in the original) Due to the medical findings, petitioner was given a permanent disability grading as he will not be able to perform his job effectively, efficiently, and productively as a seaman. [17] Petitioner later filed a complaint for total and permanent disability benefits against respondents with the Labor Arbiter. He alleged that the illnesses he sustained were work-related as it happened while he was performing his duties and responsibilities as an able-bodied seaman on board the vessel. He claimed that his entitlement to total and permanent disability benefits is warranted, considering that he was not able to recover completely since his repatriation on January 28, 2013 and could no longer perform the work he was accustomed to and trained for as evidenced by the permanent disability grading declared by Dr. Tan.[18] On the other hand, respondents claimed that after the lapse of two (2) days from repatriation and upon oral communication of its local agents with petitioner, the latter refused to follow the required procedure and instructions for treatment and evaluation of his alleged condition. Petitioner also failed to comply with the three (3)-day mandatory reportorial requirement as provided under the POEA-SEC, as well as prevailing jurisprudence. Despite petitioner's non-cooperation, the local manning agent sent out a letter dated February 8, 2013 to the last known recorded address of petitioner to remind him of their instruction to report to the company-designated physician at Ygeia Medical Center for evaluation of his health condition.[19] After a couple of days, respondents claimed that they were able to get in contact over the phone with petitioner who confirmed receipt of the letter. According to respondents, petitioner explained that he had already a new address and that he was no longer reporting to the local agents and company-designated physician as he opted to engage https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66786 4/13

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