6/5/2020
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days does not necessarily mean that a seafarer is entitled to full disability benefits
because a seafarer's degree of disability is not measured by the length of time he is
under treatment, but by the assessment of the company-designated physician, who, in
this case, found Pastor's illness as not work-related. Pastor, therefore, is not entitled to
disability compensation.
Our Ruling
The Petition lacks merit.
Pastor suffers from a work-related and compensable illness.
The Court notes that while petitioners impute error upon the CA in declaring Pastor's
illness as osteoarthritis, it is extant on the records that they themselves, in the
numerous pleadings they filed before the labor tribunals, consistently referred to his
diagnosed ailment as osteoarthritis. It was only after the CA rendered its assailed
Decision that petitioners contradicted this and now claim that Pastor's illness is actually
spinal disc degeneration which, according to them, is a completely different illness from
osteoarthritis. Suffice it to state, however, that petitioners cannot now take a contrary
view as to Pastor's actual illness in view of their previous admission that he was
suffering from osteoarthritis. It is settled that statements made in the pleadings in the
course
of
judicial
proceedings
are
considered
judicial
admissions.[30]
Judicial
admissions cannot be controverted by the party making the admissions.[31] They are
conclusive and legally binding as against the pleader who cannot subsequently take a
position contrary to or inconsistent with what was pleaded.[32]
At any rate, in medical parlance, spinal disc degeneration/desiccation and osteoarthritis
can be taken as the same. Degenerative disc disease is a spinal condition caused by the
breakdown of the intervertebral discs which results in the loss of flexibility and ability to
cushion the spine.[33] When discs degenerate, the vertebral bodies become closer
together and this increased bone on bone friction causes the wearing away of
protective cartilage and results in the condition known as osteoarthritis.[34] The
degenerating discs place excessive stress on the joints of the spine and the supporting
ligaments,
which,
overtime,
can
lead
to
the
formation
of
osteoarthritis.[35]
Osteoarthritis is a stage of degenerative disc disease.[36]
Here, as revealed by Pastor's medical records, he was found suffering from acute
thoracic and lumbar spondylosis before he was repatriated for medical reasons.[37]
When he returned to the Philippines, he was then diagnosed with thoraco lumbar spine
nerve infringement, R/O herniated disc on October 2, 2006 by Dr. Abesamis, the
company-designated physician.[38] When made to undergo MRI of the thoraco lumbar
area a few days later, the result thereof revealed that the said area has a slightly
straightened lumbar lordosis. He was thus advised to undergo physiotherapy. On
November 6, 2006, Dr. Abesamis found Pastor positive for carpal tunnel syndrome.[39]
He was then subjected to further medical evaluation and treatment for the recurrent
pain that he was experiencing.[40] Through all these, no medical assessment of his
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