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balance. Accordingly, Oscares' injury is compensable. In fact, no less than respondents'
designated physician assessed a disability of Grade 10 for Oscares' injury. Respondents'
designated physician initially made this assessment on March 16, 2016, or 91 days
after Oscares was repatriated.[59] Afterwards, Oscares continued to receive therapy[60]
and consult with the company-designated physician.[61] The final disability assessment
was made on July 28, 2016, or 231 days after Oscares' repatriation.[62] Notably,
Oscares offered to consult another physician but respondents did not respond to his
offer.[63] Respondents claim though that Oscares consulted his own physician even
before respondents' designated physician issued the final assessment.[64]
Taking into consideration the medical certificates and laboratory test results detailing
the extent and nature of Oscares' injury, We find that the impediment assessment of
Grade 10 (20.15%) is reflective of his medical status and resulting incapacity. We
reviewed the schedule of disability or impediment for injuries under the POEA-SEC, and
We find a comparable disability equivalent to Grade 10 as follows:
LOWER EXTREMITIES
xxxx
23. Complete
immobility
of
a
knee
joint
in
full
extension.....................Gr.10[65]
We apply the same grading disability to Oscares' injury. Following the POEA-SEC, the
corresponding rate of compensation for his injury is US$10,075.00 or its peso
equivalent. Oscares' injury does not qualify for a Grade 1 rating under Section 32 of the
POEA-SEC. The medical conditions affecting the lower extremities under the POEA-SEC
that are more severe in nature than Oscares' condition and qualify for a Grade 1 rating
include loss of both feet at ankle joint or above, failure of [sic] fracture of both hips to
unite, and paralysis of both lower extremities.
However, We do not agree with the Panel's reference to the CBA in determining the
amount due to Oscares. The CBA submitted by Oscares was not signed by either
respondents or the International Transport Worker's Federation.[66] It is also unclear if
such CBA, which is entitled "P.N.O. "TCC" Collective Agreement," is the same referred
to in the contract of employment, which is "IBF-FKSU/AMOSUP KSA." Therefore, the
provisions of the 2010 POEA-SEC shall govern.
Pursuant to Section 20(A)(3) of the 2010 POEA-SEC, Oscares is entitled to sickness
allowance in an amount equivalent to his basic wage computed at the time he signed
off until he is declared fit to work or the degree of disability has been assessed by the
company-designated physician, but shall in no case exceed 120 days. Respondents
have not submitted proof that they reimbursed Oscares for the expenses he incurred in
seeking medical attention for his injury. In addition, Oscares is also entitled to a
disability benefit of Grade 10, to be paid in Philippine currency at the exchange rate
prevailing at the time of payment.
Oscares should likewise receive moral damages. Under Article 2220 of the Civil Code,
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