6/14/2021
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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
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